Ethics and the “Reasonable” Legal Fee

Wednesday, July 10, 2019 | 6:00 p.m. – 8:30 p.m.

Program Co-Instructors:

Lindsay H. Tasher
Managing Director, Wyatt Partners

Daniel L. Abrams
Law Office of Daniel L. Abrams

  • This program will feature a broad range of perspectives on the timely and evolving issue of legal fees.  Our co-instructors 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.

    Live Program & Webcast: $199 for Members | $299 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges (and their staff who are also members), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • 6:00 p.m. – 6:40 p.m. 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 p.m. – 7:30 p.m. 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.).
    7:30 p.m. – 7:40 p.m. Break
    7:40 p.m. – 8:15 p.m. Part III:  Trends in Legal Billing

    • Litigation Budgeting & Support Programs
    • Outside Counsel Billing Guidelines
    • Requests for Proposals (RFPs)/Alternative Fee Arrangements
    • Legal & Ethical Issues Pertaining to these trends (including the relation to fee disputes)
    8:15 p.m. – 8:30 p.m. Part IV:  Questions & Interactive Discussion

  • CLE Credit
    New York:
    2.5 Ethics
    New Jersey:
    2.8 Professional Responsibility
    California:
    2.5 Professional Responsibility
    Pennsylvania:
    2.0 Professional Responsibility

  • Sponsoring Association Committee:
    Professional Ethics | Bruce A. Green, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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