Practice Pointer: Avoiding Fee Disputes and the Bar Complaints That Sometimes Accompany Them
Practice Pointer: Avoiding Fee Disputes and the Bar Complaints That Sometimes Accompany Them
by Kate A. Toomey
Disputes between lawyers and clients over fees are not in and of themselves disciplinary matters, and the Office of Professional Conduct ("OPC") typically dismisses or declines to prosecute complaints that solely concern the amount an attorney has charged or collected. Although the Rules of Professional Conduct prohibit lawyers from charging or collecting a "clearly excessive fee,"1 and offer guidance for evaluating the reasonableness of the fee,2 they don't dictate the terms of attorney-client contracts, nor do they insulate either party from entering into a bad bargain. The fact that many clients are dismayed by the amount owed at the conclusion of a representation is not, without more, a disciplinary issue.