After being charged with assault arising from a bar fight, a client contacted an attorney about retaining his services. The attorney offered to represent the client for $175 per hour if the client paid a $5,000 retainer that the attorney would bill against. As part of the offer, the attorney stated that he would "discount" the hourly to $110 per hour if a plea agreement was reached that required less than one year in confinement. Why is the fee agreement a violation of the Model Rules?

Question

Quizplus · Accepted Answer

Because it is a contingent fee agreement in a criminal case. A lawyer may not enter into a contingent fee agreement for (1) a domestic relations case in which a fee is contingent on obtaining a divorce decree; and (2) representing a defendant in a criminal case. Model Rule 1.5(d). Answer B is the best choice because the provision that reduces the hourly rate if a favorable plea agreement is reached constitutes a contingency-that is, a contingent fee agreement-and the case involves defending the client against criminal assault charges. Answer A is not the best choice because the hourly rate would have to be considerably higher to be unreasonable. Answer C is not the best choice because the retainer would have to be considerably higher to be unreasonable.

After Being Charged with Assault Arising from a Bar Fight