Page 320 - State Bar Directory 2023

contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.
(d) A lawyer shall not enter into an arrangement for, charge or collect:
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of maintenance or support or property settlement in lieu thereof; or
(2) a contingent fee for representing a defendant in a criminal case.
(e) A division of a fee between lawyers who are not in the same firm may be made only if:
(1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;
(2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and (3) the total fee is reasonable.
For the opinion of the State Bar’s Ethics Committee on RETAINING LIENS and other opinions concerning fee agreements visit the State Bar’s Web site at www.montanabar.org.
Ethics Opinion Number 000210’s Conclusion states:
An attorney may retain a client’s property, papers or materials in the attorney’s possession to secure payment for the lawyer’s services and costs advanced if the property, papers or materials relate to the lawyer’s services and the client has agreed to imposition of such a lien in writing. In the event an attorney wants to assure the option of a retaining lien, it would be wise to include in the written fee agreement retention of the file as a possible repercussion for non-payment of the bill for legal services. While we recognize the availability of retaining liens, we caution lawyers to use them sparingly and only after review of the legal standards that are continually evolving concerning their application. This opinion is advisory only.
LAW OFFICES
Address Client:
Phone Client Address:
Payment Terms: Monthly payments and $______ Retainer
This Agreement is made between _________________ (hereafter referred to as “you” or “your”) and _________ Law Offices (hereafter referred to as the “Firm,” “us,” “we” or “our”). The attorney/client relationship is created and our duty to take action on your behalf starts when you and the Firm sign this Agreement and you pay the Retainer amount stated above.
1. SCOPE OF REPRESENTATION.
1.1 Scope of representation. You hereby engage the Firm to represent you in your _______________, pending (or to be filed) in the Montana _____ Judicial District Court, _____ County (hereafter referred to as the “Engagement”). Our representation of you is subject to the terms and conditions stated in this Agreement.
1.2 Term. This Agreement takes effect, and therefore our obligation to provide services to you, begins when you return a signed copy of this Agreement and pay the Retainer described in paragraph 2.1 below. The Engagement and our obligation to provide services to you concludes at the earliest of: when the Engagement or the dispute is settled by a signed written agreement; decided by a final decision of the court or administrative agency exercising jurisdiction of the matter; or when this Engagement is ended by you or the Firm as provided in paragraph 3.2 below. If we agree to undertake additional action related to the Engagement, such as an appeal, either the terms of this Agreement will apply to the continuing engagement or a new agreement will be made between you and the Firm.
1.3 Our responsibilities. We will take necessary actions to fulfill the terms of this Engagement and we will recommend courses of action to you to complete this Engagement. At our discretion, we will assign our associate counsel, paralegals, legal assistants, and staff, and commit resources to prosecute this Engagement. We will take reasonable steps to keep you informed of the progress of this Engagement. We will promptly respond to your questions. We will send you, at your expense, copies of all documents that we receive or send that are related to your case. We will keep all information regarding your case confidential except as provided herein or as allowed by the Montana Rules of Professional Conduct.
We will not release documents pertaining to this Engagement to anyone without your permission. We will not compromise or settle the substantive issues pertaining to this Engagement without your consent. We reserve the right to decide any procedural issues related to this Engagement such as granting continuances, setting scheduling deadlines, or discussing any issues with opposing counsel or the opposing parties.
1.4 Your responsibilities. You must keep us advised of how we may contact you by providing us with your current home and mailing addresses, email address, telephone numbers, and places of employment. It is your responsibility to check for communication from
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SAMPLE ATTORNEY-CLIENT AGREEMENT