Section 1.4 Discussing and Agreeing on the Terms of Representation

• Library: Civil Trial Practice 2015 Supp

C. (§1.4) Discussing and Agreeing on the Terms of Representation

Most clients will be concerned about the cost of legal services, and in the client’s mind, the attorney’s fee is of major interest. Counsel should open the discussion of fees at some point in the initial interview. The basis or rate of fee should be communicated to the client, preferably in writing, before or within a reasonable time after the commencement of representation. Rule 4–1.5. A contingent fee agreement must be in writing. Id.

The document confirming the attorney-client relationship should describe the nature of the legal matter being accepted by the attorney. The document should also describe, in a...