Are “Flat Fees” For Legal Services Okay in California?
7/15/20
By: Greg Fayard
Many lawyers in California charge their clients “flat fees.” That is, immigration lawyers, criminal defense lawyers, bankruptcy and estate planning lawyers, and patent lawyers all routinely charge “one price” for all services, regardless of the time it …
California Lawyers Cannot Churn Files
11/7/19
By: Greg Fayard
Under the Rules of Professional Conduct applicable to California lawyers, attorneys are not supposed to do things where the substantial purpose is to delay, prolong, or cause needless expense. Under Rule 3.2, lawyers can be disciplined for …
Are Verbal Fee Splits Among California Law Firms Okay?
7/18/19
By: Greg Fayard
The answer to this question is now “no.” When different law firms split a legal fee–say a contingency fee–verbal “gentlemen’s agreements” are not permitted under California’s new ethics rules. The old ethics rules allowed different law offices …
9/13/18
By: Greg Fayard
The California Supreme Court has weighed in on the vital importance of conflict of interest waivers. A flawed one could deprive attorneys of their fees.
On August 30, 2018, the Supreme Court analyzed the validity of a …
Is an Unethical Fee-Splitting Agreement Per Se Unenforceable? Perhaps Not
1/4/18
By: Mark C. Stephenson
Rule of Professional Conduct 5.4 limits the circumstances in which an attorney may share legal fees with a non-lawyer. A recent Pennsylvania Supreme Court decision considered what impact Rule 5.4 has on the claim that was …