1. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 1 Legal Ethics – Unit Seven Fair Fees and Client Trusts

2. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 2 Preview Unit 7 Unit Seven discusses Fair Fees and Client Trusts. This unit provides the student with an understanding of one of the most common ethical violations in the legal profession: mishandling of clients' money. Legal assistants play a large role in financial matters, from billing clients to maintaining client trust funds. It is therefore essential for students who plan to be legal assistants to have a complete understanding of attorney fees, ethical billing practices, and the duties required in handling client funds

3. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 3 Preview Unit 7 In Unit Seven we learn: How Do We Begin the Relationship with a Client? What Are the Different Types of Fee Agreements? Contingency Fees Hourly Billing Other Billing Methods What Should Be in the Fee Agreement? What Should Not Be in the Fee Agreement? What Is a Retainer? How Does a Client Trust Account Work? How Does a Law Firm Get Paid? How Do We Get Fees from the Other Side in Litigation? Are Paralegal Fees Awardable? What Is an Inappropriate Fee?

4. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 4 Unit 7 Review Review Questions: Contingent fees, value billing, and hourly billing are : a. methods of charging clients for legal services. b. methods for law firms to ensure equal profit sharing among partners. c. requirements for attorneys to perform legal services for corporations. d. billing increments that justify time spent by attorneys and paralegals. e. methods by which the law firm accountant will bill the law firm.

5. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 5 Unit 7 Review Review Questions: A client’s file may be held by a lawyer who is owed money by that client until a. The lawyer receives his or her money. b. The lawyer gets paid but only if allowed by the attorney/client agreement. c. The client signs a promissory note to the attorney. d. The state supreme court’s fee arbitration committee decides otherwise. e. This is typically not allowed. The client’s file belongs to the client and cannot be held.

6. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 6 Unit 7 Review Review Questions: If compensation for paralegal time is sought by a lawyer, the application to the courts for fees should include: a. a detailed statement of the time spent and legally substantive tasks performed by the paralegal. b. the paralegal’s resume showing past work experience. c. a statement showing the paralegal’s education and training to perform the paralegal work. d. the market rate for paralegal services in that practice area and geographical location. e. all of the above.

7. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 7 Unit 7 Review Review Questions: All timekeeping and billing records prepared and maintained by paralegals must be : a. thorough. b. accurate. c. honest. d. prepared contemporaneously with the work. e. all of the above.

8. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 8 Unit 7 Review Review Questions: “Contingency fee” means a. The lawyer gets paid regardless of the outcome of the case. b. The lawyer gets paid on an hourly basis if the case is won. c. The law firm’s recovery of legal fees is contingent upon the outcome of the case. d. The law firm will probably not get paid. e. The law firm’s costs must be paid by the client, but the legal fees will be a percentage of the money that the client wins or is entitled to by settlement.

9. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 9 Unit 7 Review Review Questions: “Hourly rate” fee agreements are a. illegal in most states. b. common but unethical. c. common in plaintiff’s personal injury work. d. common in divorce cases. e. common in criminal prosecutions.

10. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 10 Unit 7 Review Review Questions: Fee agreements with clients a. should not be negotiated by paralegals. b. should be in writing. c. should be fully explained to the client. d. should be fair and reasonable. e. all of the above.

11. Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduThursday, September 10, 2015 11 Unit 7 Review Review Questions: Fee agreements with clients a. should not be negotiated by paralegals. b. should be in writing. c. should be fully explained to the client. d. should be fair and reasonable. e. all of the above.