kaplan university - adjunct professor brian tippens, j.d. - [email protected], september...

Kaplan University - Adjunct Professor Brian Tippens, J.D. - [email protected] Wednesday, April 19, 2023

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Legal Ethics – Unit Seven

Fair Fees and Client Trusts


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Preview Unit 7

Unit Seven discusses Fair Fees and Client Trusts. This unit provides the student with an understanding of one of the most common ethical violations in the legal profession: mishandling of clients' money. Legal assistants play a large role in financial matters, from billing clients to maintaining client trust funds. It is therefore essential for students who plan to be legal assistants to have a complete understanding of attorney fees, ethical billing practices, and the duties required in handling client funds


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Preview Unit 7

In Unit Seven we learn:

•How Do We Begin the Relationship with a Client?•What Are the Different Types of Fee Agreements?

Contingency Fees Hourly Billing Other Billing Methods

•What Should Be in the Fee Agreement?•What Should Not Be in the Fee Agreement?•What Is a Retainer?•How Does a Client Trust Account Work?•How Does a Law Firm Get Paid?•How Do We Get Fees from the Other Side in Litigation?•Are Paralegal Fees Awardable?•What Is an Inappropriate Fee?


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Unit 7 Review

Review Questions:

Contingent fees, value billing, and hourly billing are :

a. methods of charging clients for legal services.b. methods for law firms to ensure equal profit sharing

among partners.c. requirements for attorneys to perform legal services for

corporations.d. billing increments that justify time spent by attorneys and

paralegals.e. methods by which the law firm accountant will bill the law

firm.


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Unit 7 Review

Review Questions:

A client’s file may be held by a lawyer who is owed money by that client until

a. The lawyer receives his or her money.b. The lawyer gets paid but only if allowed by the

attorney/client agreement.c. The client signs a promissory note to the attorney.d. The state supreme court’s fee arbitration committee

decides otherwise.e. This is typically not allowed. The client’s file belongs to the

client and cannot be held.


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Unit 7 Review

Review Questions:

If compensation for paralegal time is sought by a lawyer, the application to the courts for fees should include:

a. a detailed statement of the time spent and legally substantive tasks performed by the paralegal.

b. the paralegal’s resume showing past work experience.c. a statement showing the paralegal’s education and

training to perform the paralegal work.d. the market rate for paralegal services in that practice area

and geographical location.e. all of the above.


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Unit 7 Review

Review Questions:

All timekeeping and billing records prepared and maintained by paralegals must be :

a. thorough.b. accurate.c. honest.d. prepared contemporaneously with the work.e. all of the above.


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Unit 7 Review

Review Questions:

“Contingency fee” means

a. The lawyer gets paid regardless of the outcome of the case.

b. The lawyer gets paid on an hourly basis if the case is won.c. The law firm’s recovery of legal fees is contingent upon the

outcome of the case.d. The law firm will probably not get paid.e. The law firm’s costs must be paid by the client, but the

legal fees will be a percentage of the money that the client wins or is entitled to by settlement.


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Unit 7 Review

Review Questions:

“Hourly rate” fee agreements are

a. illegal in most states.b. common but unethical.c. common in plaintiff’s personal injury work.d. common in divorce cases.e. common in criminal prosecutions.


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Unit 7 Review

Review Questions:

Fee agreements with clients

a. should not be negotiated by paralegals.b. should be in writing.c. should be fully explained to the client.d. should be fair and reasonable.e. all of the above.


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Unit 7 Review

Review Questions:

Fee agreements with clients

a. should not be negotiated by paralegals.b. should be in writing.c. should be fully explained to the client.d. should be fair and reasonable.e. all of the above.

kaplan university - adjunct professor brian tippens, j.d. - [email protected], september...

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