(Webcast) Ethics and the “Reasonable” Legal Fee

Tuesday, July 12, 2022 | 10:00 am – 12:15 pm

Program Co-Instructor:
Daniel L. Abrams
Law Office of Daniel L. Abrams PLLC

Program Co-Instructor:
Lindsay H. Tasher
Wyatt Partners

  • 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 attorneys’ 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.

    Program Fee:
    $199 For Member| $299 For Nonmembers

  • 10:00 am – 10:30am              Part I:  Rule 1.5 and the Reasonable Fee

    • Definition and History of the “Reasonable” Fee
    • Other Applicable Rules of Professional Conduct to the issue of Legal Fees

     

    10:30am – 11:15 am              Part II:  Litigating Fee Disputes

    • Different types of fee disputes (Coverage Actions, Fee Applications, Fee Audits, Accounts Stated, Litigation or Arbitration, Enforcing Attorney Liens, Class Actions)
    • 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 and Law Firm Case Management as applied to a fee dispute
    • Miscellaneous “Lessons Learned” from the litigation of fee disputes (here we address issues such as Judge v. Jury, malpractice claims in the context of fee disputes, key strategic decisions made by counsel/experts in fee disputes we’ve seen, the role of “additional necessary discovery” in a fee dispute, etc.)

     

    11:15 am – 11:25 am             Break

     

    11:25 am – 11:40 am             Part II Continued:  A Representative Case Study

     

    11:40 am – 12:00 pm              Part III:  Trends in Legal Billing and Questions

    • Litigation Budgeting & Support Programs/Outside Counsel Billing Guidelines
    • Requests for Proposals (RFPs)/Alternative Fee Arrangements
    • Legal and Ethical Issues Pertaining to these Trends (including the relation to fee disputes)

     

    12:00 pm – 12:15pm              Part IV: Questions/Interactive Discussion

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

  • Sponsoring Association Committee:
    Professional Ethics, Tyler Maulsby, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org