These hourly rates will increase with the experience and specialization of the practice area. The lawyer asks if the fee agreement is ethical and, if generally appropriate, if ethical rules require the lawyer to make any adjustments to the client's billing when, on a particular occasion, the lawyer has a proceeding involving more than one client scheduled in court for the same day. If the lawyer actually serves more than one client during the court visit, such as when multiple hearings of different clients are scheduled on the same record, the lawyer must prororate the flat fee among clients. The reasoning behind paragraphs 4 and 5 of the curriculum was that, in a pure percentage agreement, a lawyer is willing to risk receiving nothing if the lawyer is unsuccessful.
Contrary to rumors, a lawyer who collects an advance is not necessarily better than a lawyer without an advance. Counsel acknowledges that uncontested divorces require less time, while contested proceedings require more, but in general, every time the lawyer goes to court, at least three hours of the lawyer's time is spent. MRPC 1.5 (a) prohibits an attorney from charging or charging an illegal or clearly excessive fee, when after a review of the facts, an attorney is left with the firm conviction that the fee exceeds a reasonable fee. A lawyer has an office located 30 miles from the court where most of the lawyer's practice, limited to domestic relations matters, takes place.
MRPC 1,2 and 1,4 would require the lawyer to explain to the client that the lawyer intends to charge for the time spent in transit. When the lawyer's risk is reduced by a mixed-fee agreement that guarantees the lawyer an advance, hourly rate, or fixed fee, the calculation of the maximum allowable percentage should be reduced by a reasonable amount to reflect the lawyer's lower risk.
