Attorney Discipline, 1021 WYBJ, Vol. 44 No. 5. 55

PositionVol. 44 5 Pg. 55

Attorney Discipline

Vol. 44 No. 5 Pg. 55

Wyoming Bar Journal

October, 2021

The Review and Oversight Committee issued a private reprimand to an attorney who entered into a contingent fee agreement with a client but failed to do so in writing. Rule 1.5(b) states in pertinent part, “Contingent fee agreements must be in writing and must comply with the provisions of the Rules Governing Contingent Fees for Members of the Wyoming State Bar.” Rule 1.5(c) elaborates further, requiring that the written agreement state the method by which the fee is to be determined, identify expenses that will be deducted from the recovery, state whether such expenses are to be deducted before or after the contingent fee is calculated, and identify expenses for which the client will be liable whether or not the client is the prevailing party. Rule 1.5(c) also provides, “the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.” Although the lawyer provided a settlement statement to the client, the failure to enter into a written representation agreement is a per se violation of Rule 1.5 (fees).

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