Page 319 - State Bar Directory 2023

date a bill is sent to Client. If Attorney receives written objection from Client within ______days of sending the bill, Attorney's right to withdraw the amount that is identified in the objection shall be deemed to be disputed, and Attorney will not withdraw the disputed fees and/or costs from the Client Trust Account until the dispute is resolved.
4. LEGAL FEES. For Attorney’s legal services, Client shall pay Attorney a percentage of all settlement proceeds, judgment damages, and other valuable consideration recovered from Defendant, to be calculated as follows:
a. _____percent if Client’s claim is resolved by negotiated settlement prior to the filing of a Complaint;
b. _____percent if Attorney files a Complaint on Client’s behalf and Client’s claim is resolved by negotiated settlement prior to trial;
c. _____percent if Client’s claim is resolved by summary judgment; if a negotiated settlement is obtained during trial; or if a judgment is obtained after trial. (For purposes of this provision, a jury trial commences with voir dire, and a non-jury trial commences with the first opening statement);
d. An additional ____ percent for each appeal, including any interlocutory appeal, and each new trial on any or all issues.
5. COSTS AND EXPENSES. In addition to paying legal fees in accordance with Paragraph 4, Client shall reimburse Attorney for all costs and expenses incurred by Attorney, including, but not limited to, process servers’ fees, fees fixed by law or assessed by courts or other agencies, court reporters’ fees, long distance telephone calls, messenger and other delivery fees, postage, in- office photocopying at $____ per page, parking, mileage at $____ per mile, investigation expenses, consultants’ fees, expert witness fees and other similar items. Client authorizes Attorney to incur all reasonable costs and to hire any investigators, consultants or expert witnesses reasonably necessary in Attorney’s judgment, unless one or both of the clauses below are initialed by Client and Attorney.
Attorney shall obtain Client’s consent before incurring any cost in excess of $____ . INITIALS: ____
Attorney shall obtain Client’s consent before retaining outside investigators, consultants, or expert witnesses. INITIALS: ____ 6. STATEMENTS. Attorney shall send Client periodic statements for costs incurred. Client shall pay Attorney’s statements within ____ days after each statement’s date. Client may request a statement at intervals of no less than 30 days. Upon Client’s request Attorney will provide a statement within 10 days.
7. INTEREST. Statements that are not paid within thirty (30) days after receipt will accrue interest on the unpaid balance at the rate of ____percent (___%) per month.
8. LIEN. Client hereby grants Attorney a lien on any and all claims or causes of action that are the subject of Attorney’s representation under this Contract. Attorney’s lien will be for any sums due and owing to Attorney at the conclusion of Attorney’s services. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise. The lien created by this provision is supplemental to the lien created by Section 37-61-420, Montana Code Annotated.
9. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time. Attorney may withdraw if, after reasonable
investigation, it appears in the judgment of Attorney that Client does not have a reasonably meritorious claim. Attorney may also withdraw with Client’s consent or for good cause. Good cause includes Client’s breach of this Contract, Client’s refusal to cooperate with Attorney or to follow Attorney’s advice on a material matter or any other fact or circumstance that would render Attorney’s continuing representation unlawful or unethical.
10. CONCLUSION OF SERVICES. When Attorney’s services conclude, all unpaid charges shall become immediately due and payable. After Attorney’s services conclude, Attorney will, upon Client’s request, deliver Client’s file to Client, along with any Client funds or property in Attorney’s possession.
11. DISCLAIMER OF GUARANTEE. Nothing in this Contract and nothing in Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of Client’s matter. Attorney makes no such promises or guarantees. Attorney’s comments about the outcome of Client’s matter are expressions of opinion only.
12. EFFECTIVE DATE. This Contract will take effect when Client has performed the conditions stated in Paragraph 1, but its effective date will be retroactive to the date Attorney first provided services. The date at the beginning of this Contract is for reference only. Even if this Contract does not take effect, Client will be obligated to pay Attorney for costs incurred by Attorney in the investigation and pursuit of Client’s claim.
APPLICABLE RULE
MONTANA RULE OF PROFESSIONAL CONDUCT 1.5: FEES
(a) A lawyer shall not make an agreement for, charge or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
(1) the time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent.
(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated in writing. This paragraph does not apply in any matter in which it is reasonably foreseeable that total cost to a client, including attorney fees, will be $500 or less.
(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a
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