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GEORGIA ATTORNEY FEE RULE |
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(THE INFORMATION IN THIS SITE
APPLIES TO GEORGIA ONLY)
This following Rule comes from
the Georgia Rules of Professional Conduct, which apply to all lawyers practicing
in this State:
RULE 1.5 FEES
(a) A lawyer's fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.
(b) When the lawyer has not regularly represented the client, the basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.
(c) (1) A fee may be contingent on
the outcome of the matter for which the service is rendered, except in a matter
in which a contingent fee is prohibited by paragraph (d) or other law. A
contingent fee agreement shall be in writing and shall state the method by which
the fee is to be determined, including the percentage or percentages that shall
accrue to the lawyer in the event of settlement, trial or appeal, litigation and
other expenses to be deducted from the recovery, and whether such expenses are
to be deducted before or after the contingent fee is calculated.
(2) Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the following:
(i) the outcome of the matter; and,
(ii) if there is a recovery, showing the:
(A) remittance to the client;
(B) the method of its determination;
(C) the amount of the attorney fee; and
(D) if the attorney's fee is divided with another lawyer who is not a partner in or an associate of the lawyer's firm or law office, the amount of fee received by each and the manner in which the division is determined.
(d) A lawyer shall not enter into an arrangement for, charge, or collect:
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or
(2) a contingent fee for representing a defendant in a criminal case.
(e) A division of a fee between lawyers who are not in the same firm may be made only if:
(1) the division is in proportion to the services performed by each lawyer or, by written agreement with the client, each lawyer assumes joint responsibility for the representation;
(2) the client is advised of the share that each lawyer is to receive and does not object to the participation of all the lawyers involved; and
(3) the total fee is reasonable.
The maximum penalty for a violation of this Rule is a public reprimand.
(Full text of all the Georgia Rules of Professional Conduct governing lawyers can be found at the site of the State Bar of Georgia).
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This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws vary from state to state and are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases. |
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