Flattening the Fee
Author | Amanda Corsaro |
Pages | 40-41 |
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 rticates, 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 specic , 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
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
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