Flattening the Fee

• Date: 01 April 2020
• Author: Amanda Corsaro

40 FAMILY ADVOCATE www.shopaba.org

art: law & practice

By Amanda Corsaro

Flattening the Fee

Utilizing assisted repro ductive technology

(ART) for family bu ilding purposes is a

nancially burdenso me process for intended

parents. Whe ther they are using in vitro

fertilization (IVF ), gamete donation, or a

gestational ca rrier, the intended parents face many differ ent

costs and expe nses. These various cost s coupled with the

uncertaintie s in the process can add anxiety to th e intended

parents. One way we c an assist with this anxiety is to ch arge

a at fee for the legal se rvices provided during the surrog acy

or ART process . Using xed fees can also be bene cial to the

attorneys as well.

Should you decide to us e a at fee it will be important to

have a well-draft ed, detailed engagement let ter between

you and your client. The en gagement letter should expli citly

state what is includ ed in the at fee representation and

what is an additional cha rge. As we know in this industry,

our clients may need a ssistance beyond getting th e contract

drafted or their par entage court order. Many need help

securing birth ce rticates, passpor ts, health care proxies, and

passport s. A proper engagement let ter will detail how these

types of additio nal tasks will be billed. Attorneys c an always

tailor at fees to each clie nts’ wants and needs, espe cially if a

client has higher expe ctations. Having a specic , detailed

engagement letter will minimize the likelihood of misunder-

standings later.

It is also impor tant that the at fee is priced properly.

ABA Model Rule 1.5 require s that a “lawyer shall not make

an agreement for, charge, or co llect an unreasonable fee or

an unreasonable amo unt of expenses.” In the ART eld,

attorneys have exp erience and are aware of the time

involved in particular t asks and are in a good position to set

Published in Family Advocate, Volume 42, Number 4, Spring 2020. © 2020 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof

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