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MPRE.Rule1.5 Legal · MPRE / Bar

Fees — Model Rule 1.5

Node 2 of 8 in MPRE

Objectives

  • Identify the key rules and §§ that apply to fees — model rule 1.5.
  • Apply the MPRE.Rule1.5 knowledge element in a typical exam scenario.
  • Recognize common distractors and partial-credit answers.

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MPRE.Rule1.5 · MPRE.Rule1.15

Fees — Model Rule 1.5

MPRE · Client-Lawyer Relationship (Rules 1.x) Model Rule 1.5 · Fees

**Rule 1.5(a):** A lawyer shall not make an agreement for, charge, or collect an **unreasonable fee** or unreasonable expenses. Factors include time/labor, novelty/difficulty, skill required, customary fee in the locality, results obtained, client relationship, lawyer's experience/reputation/ability.

**Rule 1.5(b):** The scope of representation and fee arrangement **shall be communicated to the client, preferably in writing**, before or within a reasonable time after commencing.

**Rule 1.5(c) — Contingent fees** must be in **writing signed by the client** and state the method of calculation, litigation expenses to be deducted, and whether deducted before or after the contingent percentage. Written final accounting required.

**Rule 1.5(d) — Prohibited contingent fees:** • Any fee in a **domestic relations matter** the payment of which is contingent on securing a divorce or amount of alimony/support/property settlement. • Any fee for representing a defendant in a **criminal case**.

**Rule 1.5(e) — Fee division** between lawyers not in the same firm is permitted only if (1) the division is in proportion to services performed OR each lawyer assumes joint responsibility, (2) client agrees **in writing** to the arrangement including the share each lawyer receives, and (3) the total fee is reasonable.

**Rule 1.15 — Safekeeping property:** client funds held in **separate IOLTA trust account**, identifiable and not commingled. Detailed records kept for 5 years (Model Rule; many states require 7). Promptly notify and deliver funds to clients; render accounting on request.

ABA Model Rule 1.5 ABA Model Rule 1.15 (Safekeeping)

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