Ethics and the “Reasonable” Legal Fee

Originally held on Wednesday, July 12, 2017 | 6:00 pm – 8:30 pm

 

Program Co-Chairs:

Daniel L. Abrams
Law Office of Daniel L. Abrams PLLC

Lindsay H. Tasher
Wyatt Partners, LLC

  • This program will feature a broad range of perspectives on the timely and evolving issue of legal fees. Our speakers will explore how courts, clients, and attorneys view the meaning of the phrase “reasonable fees,”; current trends and developments in legal billing practices and the multitude of legal and ethical issues that arise regarding attorney’s fees, particularly when it comes to fee disputes. Through discussions of case law, the Rules of Professional Conduct, and their widely diverse range of experience on these issues, our speakers will lead an interactive discussion on a topic that affects everyone in today’s legal and business market.

    DVDs & CDs: $199 Member | $299Nonmember
    On-Demand: $149 Member| $249 Nonmember
    Materials Only (No CLE Credit): $99 Member | $129 Nonmember

    * New York residents will be charged the New York sales tax for all audio visual purchases.

  • 6:00 pm – 6:40 pm Part I:  Rule 1.5 & the Reasonable Fee

    • Definition & History of the “Reasonable” Fee
    • Other Applicable Rules of Professional Conduct to the Issue of Legal Fees
     6:40 pm – 7:30 pm Part II:  Litigating Fee Disputes

    • Different types of fee disputes (Coverage Actions, Fee Applications, Fee Audits, Accounts Stated)
    • Preparing for your fee dispute (gathering materials, notifying necessary participants)
    • Traditional procedural steps of a fee dispute (motions, expert reports, depositions)
    • Fee Experts (general role, engagement agreements, scope of work, strategy)
    • Rule 1.5 Factors/Unreasonable Billing Practices as applied to a fee dispute
    • Corporate & Law Firm Case Management as applied to a fee dispute
    • Miscellaneous “Lessons Learned” from the litigation of fee disputes (Judge v. Jury, malpractice claims in the context of fee disputes, key strategic mistakes made by counsel/experts in fee disputes, the role of “additional necessary discovery” in a fee dispute, etc.).
     7:35 pm – 7:40 pm  Break
     7:40 pm – 8:15 pm  Part III:  Trends in Legal Billing 

    • Litigation Budgeting & Support Programs
    • Outside Counsel Billing Guidelines
    • Alternative Fee Arrangements/Litigation Funding
    • Legal & Ethical Issues Pertaining to these Trends (including the relation to fee disputes)
     8:15 pm – 8:30pm  Part IV:  Questions & Interactive Discussion

  • This program provides 2.5 credits in ethics for the New York & New Jersey MCLE requirements. California & Pennsylvania credit differs as it is based on a 60-minute credit hour. The live program provided transitional credit to newly admitted attorneys; the recording does not provide transitional credit.

  • Sponsoring Association Committee: Professional Ethics | Bruce Green

    Sponsorship Opportunities are Available! Please Contact:
    Maricela Alfonso| Membership and CLE Relations Associate| (212) 382-6608 | MAlfonso@nycbar.org
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