This is a slide deck I use for presentations I give to lawyers on how to fulfill their ethical obligations to their clients with respect to legal billing and retainer agreements.
This document discusses various ways that accountants can assist attorneys in personal injury and commercial litigation. It outlines how accountants can help calculate economic damages such as lost earnings, compute tax consequences of litigation settlements, analyze company finances during punitive damages determinations, and assist in proving key employees. The document also summarizes IRS code section 104 and challenges of allocating settlements between taxable and non-taxable amounts according to the Rodman Rule. Overall, it emphasizes the importance of attorneys and accountants working closely together on litigation involving financial analyses or determinations.
This document provides information about civil law cases in the UK legal system. It defines civil cases as disputes where an individual or business believes their rights have been infringed. It describes different types of civil claims like contract disputes, negligence cases, and trespass. It explains the typical process for civil cases, including negotiation, consulting a solicitor, and taking a case to court. It discusses the county court and high court systems for hearing civil cases, and outlines the small claims, fast, and multi-track processes for allocating cases based on value and complexity.
The document discusses the legal wing of the Federal Board of Revenue of Pakistan. It outlines the wing's overall functions which include handling appeal matters, monitoring collectors and commissioners, providing legal advice, and assisting with reforms. It also describes the remedies available to taxpayers, including appeals processes, the Federal Tax Ombudsman, and Alternative Dispute Resolution which aims to reduce litigation and provide a separate forum for disputes.
If you're considering going through a chapter 7 or chapter 13 bankruptcy, you'll want to be aware of how the legal fees work.
This slideshow will give you much of the information you need regarding legal fees and what you should expect. Of course your bankruptcy lawyer will lay all this information out for you clearly, it's good to know what you're going to go through before hand.
This document provides information about Rock Pinnacle, a property tax appeal agency in South Florida. It outlines the process for appealing a property's assessed value and taxes, including informal proceedings with the property appraiser's office, filing a petition, preparing evidence for a tax reduction, and presenting to the Value Adjustment Board. Rock Pinnacle offers various services to help homeowners appeal their assessments on their own or while representing them. Their fee structure includes flat fees or contingency fees based on tax savings. They aim to help homeowners defend their right to proper taxation.
This document discusses various methods for financing civil litigation in England and Wales, including retainers, contingency fees (CFAs), damages-based agreements (DBAs), insurance, qualified one-way costs shifting (QOCS), and public funding. It provides details on reforms introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, such as success fees and ATE premiums no longer being recoverable from the losing party. CFAs and DBAs are now the main alternatives to traditional retainers, with caps on the percentage of damages that can be claimed. Public funding through legal aid has limited availability and alternative options may include trade union support.
Obtaining a final and enforceable judgment is often just the first phase of the civil litigation process; without effective enforcement and collection, a judgment is merely a piece of paper (or electronic docket entry). This webinar provides an overview of the technical, procedural and strategic considerations necessary to monetize judgments and make litigation worthwhile.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 PART II 2021
See more at https://www.financialpoise.com/webinars/
This document discusses various ways that accountants can assist attorneys in personal injury and commercial litigation. It outlines how accountants can help calculate economic damages such as lost earnings, compute tax consequences of litigation settlements, analyze company finances during punitive damages determinations, and assist in proving key employees. The document also summarizes IRS code section 104 and challenges of allocating settlements between taxable and non-taxable amounts according to the Rodman Rule. Overall, it emphasizes the importance of attorneys and accountants working closely together on litigation involving financial analyses or determinations.
This document provides information about civil law cases in the UK legal system. It defines civil cases as disputes where an individual or business believes their rights have been infringed. It describes different types of civil claims like contract disputes, negligence cases, and trespass. It explains the typical process for civil cases, including negotiation, consulting a solicitor, and taking a case to court. It discusses the county court and high court systems for hearing civil cases, and outlines the small claims, fast, and multi-track processes for allocating cases based on value and complexity.
The document discusses the legal wing of the Federal Board of Revenue of Pakistan. It outlines the wing's overall functions which include handling appeal matters, monitoring collectors and commissioners, providing legal advice, and assisting with reforms. It also describes the remedies available to taxpayers, including appeals processes, the Federal Tax Ombudsman, and Alternative Dispute Resolution which aims to reduce litigation and provide a separate forum for disputes.
If you're considering going through a chapter 7 or chapter 13 bankruptcy, you'll want to be aware of how the legal fees work.
This slideshow will give you much of the information you need regarding legal fees and what you should expect. Of course your bankruptcy lawyer will lay all this information out for you clearly, it's good to know what you're going to go through before hand.
This document provides information about Rock Pinnacle, a property tax appeal agency in South Florida. It outlines the process for appealing a property's assessed value and taxes, including informal proceedings with the property appraiser's office, filing a petition, preparing evidence for a tax reduction, and presenting to the Value Adjustment Board. Rock Pinnacle offers various services to help homeowners appeal their assessments on their own or while representing them. Their fee structure includes flat fees or contingency fees based on tax savings. They aim to help homeowners defend their right to proper taxation.
This document discusses various methods for financing civil litigation in England and Wales, including retainers, contingency fees (CFAs), damages-based agreements (DBAs), insurance, qualified one-way costs shifting (QOCS), and public funding. It provides details on reforms introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, such as success fees and ATE premiums no longer being recoverable from the losing party. CFAs and DBAs are now the main alternatives to traditional retainers, with caps on the percentage of damages that can be claimed. Public funding through legal aid has limited availability and alternative options may include trade union support.
Obtaining a final and enforceable judgment is often just the first phase of the civil litigation process; without effective enforcement and collection, a judgment is merely a piece of paper (or electronic docket entry). This webinar provides an overview of the technical, procedural and strategic considerations necessary to monetize judgments and make litigation worthwhile.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 PART II 2021
See more at https://www.financialpoise.com/webinars/
Hiring a lawyer is recommended in many legal situations due to their expertise in navigating complex legal procedures and protocols. Lawyers understand how to properly handle evidence, file important documents before deadlines, and negotiate settlements or plea bargains. They can help avoid potential legal issues down the road by understanding contracts and representing clients' interests against other parties that have legal counsel. While legal advice is not always necessary, it is advisable to consult with a lawyer for free initially to assess whether representation would be beneficial for one's specific legal case or situation.
The document discusses the failure to deposit penalty under IRC § 6656(a) and ways to obtain relief. It provides the most common reasons for failure to deposit penalties and explains that the penalty percentage depends on how late deposits are. It outlines four potential defenses for penalty abatement: applying deposits to different periods, statutory waiver, first-time penalty abatement, and reasonable cause. It advises calling or writing the IRS to request penalty abatement and notes additional guidance is available.
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
DebtPro123 is a wholesale Debt Relief Provider and has received a flurry of recent market attention through its dealings with brokers, loan mod companies, bankruptcy attorneys, law firms, real estate agents, tax professionals, financial planners and more who were looking to offer this one of a kind program to their past, present and future client base. Our Debt Resolution process is a great opportunity to add a revenue stream to your operations in a growing industry, while offering a superior product to your clients. Our Debt Resolution Program is the safest and most effective debt relief process available to date. In the last eight years, the process has helped customers to offset thousands of accounts, to the tune of millions of dollars. And just so we are clear, we do not work for creditors, banks, or credit card companies.
Help your clients reduce their debts in as little as 18 months! Our unique Debt Resolution Process will give you the edge you need over your competition, while giving your clients a debt relief program that is faster and more effective than other options available to them.
See our website for examples of debts through their respective debt relief programs.
This document provides information and guidance for real estate agents handling short sales. It discusses the history of loan modifications and foreclosures leading to the boom in short sales. It outlines potential legal issues and lawsuits that can arise from short sales. The document also provides tips for agents on properly preparing short sale packages for lenders, negotiating with lenders, and managing client expectations around short sales.
Three day closing disclosure rule TRID October 2015 from Liberty Title & EscrowLiberty Title & Escrow Co.
Know Before You Owe: You’ll get 3 days to review your mortgage closing documents - On October 3, 2015, the Know Before You Owe mortgage rule goes into effect. One of the important requirements of the rule means that you’ll receive your new, easier-to-use closing document, the Closing Disclosure, three business days before closing. This will give you more time to understand your mortgage terms and costs, so that you know before you owe.
San Francisco Isaca 2010 Fall Security Conference C24 Fraud In The Workplac...Pw Carey
This document discusses fraud in the workplace and provides information about three mock trials that could be used to train auditors and whistleblowers. It includes details about Cressey's Fraud Triad, common mistakes whistleblowers make, and the steps involved in a trial. The document is divided into three parts that describe mock trials involving the companies NetApps, Eli Lilly, and Pfizer regarding allegations of fraud, off-label marketing, and non-compliance. Each case outlines the allegations against the companies, the companies' defenses, and how the cases were ultimately resolved through large fines and penalties.
RETS Presentation - Home Inspector's Insurance & Risk ManagementGerald Brunker
This document provides an overview and summary of home inspector's insurance and risk management. It discusses the home inspection industry, inspector duties and liabilities, types of insurance like professional liability and general liability, and tips to reduce liability exposures. The key points covered are the regulation of home inspectors, what constitutes negligence, types of insurance required by states like Texas, and how claims are handled under different insurance policies.
Legal Fees and Engagement Letters – Rule 1.5 of the Utah Rules of Professiona...Workman Nydegger
The document discusses Utah Rules of Professional Conduct regarding reasonable fees lawyers may charge. It outlines 8 factors courts consider in determining a fee's reasonableness, including time required, difficulty, results obtained, and fee customarily charged locally. Lawyers must communicate fee arrangements in writing and get client consent for contingent fees. Fees must be reasonable under the circumstances. The document provides lessons on ensuring billing practices match engagement letters and being responsive to client requests for clarification.
The document discusses ethics related to fee agreements and trust accounts for lawyers. It recommends that lawyers:
1) Have a written fee agreement that clearly outlines the scope of services and fees.
2) Maintain a client trust account to properly handle any client funds received in advance of performing legal work.
3) Be aware of potential scams and diligently supervise any delegation of responsibilities related to client money.
Fee agreements and properly using client trust accounts are important tools for lawyers to avoid ethical issues and protect clients.
Paying for Litigation- Hourly, Contingency, Third Party Financing & More (Ser...Financial Poise
This webinar discusses various fee arrangements attorneys can use to pay for litigation services, including hourly fees, contingent fees, limited scope engagements, fixed fees, hybrid agreements, and third party litigation financing. It explores the benefits and drawbacks of each method from the perspective of both attorneys and clients. The webinar is part of a series aimed at educating new litigators on fundamental aspects of civil litigation.
LEGAL ETHICS – BEST PRACTICES 2022 - How to Avoid Malpractice & Disciplinary ...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
The document discusses Fast Track Mediation, an IRS program that allows taxpayers to resolve disputes through voluntary mediation within 30-40 days without a formal written protest. It can be used for non-docketed cases, trust fund recovery penalties, offers in compromise, and collection due process cases. The summary also mentions that Appeals is responsible for handling tax cases and determining settlements based on hazards of litigation. Hazards of litigation refer to the factual and legal uncertainties that could arise if a case was litigated in court.
This document discusses several ethical challenges that can arise in estate administration and probate practice. It addresses issues like determining who the client is, potential and actual conflicts of interest, avoiding conflicts involving clients and beneficiaries, and problems that may arise when the attorney is a witness. It also covers maintaining competency, acting with diligence, supervising other attorneys, obligation to associate competent counsel, statutory versus extraordinary fees, and the importance of clear communication with clients. Common challenges in trust practice and ethical mistakes that can lead to malpractice are also examined.
1. The document discusses seven golden rules for billing and collections to avoid disputes with clients that could lead to malpractice claims or disciplinary proceedings.
2. The rules include always discussing fees upfront, using written fee agreements, considering alternative fee arrangements, keeping detailed billing records, being a smart biller by carefully reviewing bills and offering payment incentives, addressing payment issues promptly, and offering to arbitrate disputes.
3. Following these rules along with being proactive in discussing fees and finances at the start of representation can help prevent most collection problems.
This document provides information on collecting fees from clients as an attorney. It discusses establishing payment policies upfront, following up respectfully with clients on late or unpaid bills, and potential alternatives if non-payment becomes serious, including withdrawing from the case, payment plans, liens, arbitration, or small claims court as a last resort. The goal is to resolve payment issues within ethical standards of avoiding harm to the client or their case. It also advertises legal practice management software and consulting services to help law firms with billing and collections.
Invoicing and Collecting for your Legal Serviceskhecker
Thoughts and musings on how to get paid for your legal services. THIS IS NOT LEGAL ADVICE. I AM NOT YOUR LAWYER. I WILL NOT BE YOUR LAWYER if you read this. Use at your own risk.
The document discusses the ethical and liability risks for lawyers who do not use computer-assisted legal research (CALR) technology such as Westlaw and LexisNexis. While there is no direct rule requiring the use of CALR, the standard of competent legal practice implies that lawyers must use tools that allow for thorough, efficient research. Failure to research issues adequately could lead to ethics violations, malpractice claims, or sanctions. As CALR has become ubiquitous and courts increasingly rely on it, not using these tools risks a lawyer failing to meet the standard of competent legal representation according to evolving practices.
International Contracts And Dispute Resolutionddubberly
The document provides an overview of various types of international commercial contracts and considerations for dispute resolution. It discusses options for export contracts including time/risk, joint ventures, licensing, and more. It also addresses limiting liability, protecting intellectual property, dealing with local laws, problems with litigation versus arbitration, crafting arbitration clauses, and the ICC arbitration process and fees.
Hiring a lawyer is recommended in many legal situations due to their expertise in navigating complex legal procedures and protocols. Lawyers understand how to properly handle evidence, file important documents before deadlines, and negotiate settlements or plea bargains. They can help avoid potential legal issues down the road by understanding contracts and representing clients' interests against other parties that have legal counsel. While legal advice is not always necessary, it is advisable to consult with a lawyer for free initially to assess whether representation would be beneficial for one's specific legal case or situation.
The document discusses the failure to deposit penalty under IRC § 6656(a) and ways to obtain relief. It provides the most common reasons for failure to deposit penalties and explains that the penalty percentage depends on how late deposits are. It outlines four potential defenses for penalty abatement: applying deposits to different periods, statutory waiver, first-time penalty abatement, and reasonable cause. It advises calling or writing the IRS to request penalty abatement and notes additional guidance is available.
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
DebtPro123 is a wholesale Debt Relief Provider and has received a flurry of recent market attention through its dealings with brokers, loan mod companies, bankruptcy attorneys, law firms, real estate agents, tax professionals, financial planners and more who were looking to offer this one of a kind program to their past, present and future client base. Our Debt Resolution process is a great opportunity to add a revenue stream to your operations in a growing industry, while offering a superior product to your clients. Our Debt Resolution Program is the safest and most effective debt relief process available to date. In the last eight years, the process has helped customers to offset thousands of accounts, to the tune of millions of dollars. And just so we are clear, we do not work for creditors, banks, or credit card companies.
Help your clients reduce their debts in as little as 18 months! Our unique Debt Resolution Process will give you the edge you need over your competition, while giving your clients a debt relief program that is faster and more effective than other options available to them.
See our website for examples of debts through their respective debt relief programs.
This document provides information and guidance for real estate agents handling short sales. It discusses the history of loan modifications and foreclosures leading to the boom in short sales. It outlines potential legal issues and lawsuits that can arise from short sales. The document also provides tips for agents on properly preparing short sale packages for lenders, negotiating with lenders, and managing client expectations around short sales.
Three day closing disclosure rule TRID October 2015 from Liberty Title & EscrowLiberty Title & Escrow Co.
Know Before You Owe: You’ll get 3 days to review your mortgage closing documents - On October 3, 2015, the Know Before You Owe mortgage rule goes into effect. One of the important requirements of the rule means that you’ll receive your new, easier-to-use closing document, the Closing Disclosure, three business days before closing. This will give you more time to understand your mortgage terms and costs, so that you know before you owe.
San Francisco Isaca 2010 Fall Security Conference C24 Fraud In The Workplac...Pw Carey
This document discusses fraud in the workplace and provides information about three mock trials that could be used to train auditors and whistleblowers. It includes details about Cressey's Fraud Triad, common mistakes whistleblowers make, and the steps involved in a trial. The document is divided into three parts that describe mock trials involving the companies NetApps, Eli Lilly, and Pfizer regarding allegations of fraud, off-label marketing, and non-compliance. Each case outlines the allegations against the companies, the companies' defenses, and how the cases were ultimately resolved through large fines and penalties.
RETS Presentation - Home Inspector's Insurance & Risk ManagementGerald Brunker
This document provides an overview and summary of home inspector's insurance and risk management. It discusses the home inspection industry, inspector duties and liabilities, types of insurance like professional liability and general liability, and tips to reduce liability exposures. The key points covered are the regulation of home inspectors, what constitutes negligence, types of insurance required by states like Texas, and how claims are handled under different insurance policies.
Legal Fees and Engagement Letters – Rule 1.5 of the Utah Rules of Professiona...Workman Nydegger
The document discusses Utah Rules of Professional Conduct regarding reasonable fees lawyers may charge. It outlines 8 factors courts consider in determining a fee's reasonableness, including time required, difficulty, results obtained, and fee customarily charged locally. Lawyers must communicate fee arrangements in writing and get client consent for contingent fees. Fees must be reasonable under the circumstances. The document provides lessons on ensuring billing practices match engagement letters and being responsive to client requests for clarification.
The document discusses ethics related to fee agreements and trust accounts for lawyers. It recommends that lawyers:
1) Have a written fee agreement that clearly outlines the scope of services and fees.
2) Maintain a client trust account to properly handle any client funds received in advance of performing legal work.
3) Be aware of potential scams and diligently supervise any delegation of responsibilities related to client money.
Fee agreements and properly using client trust accounts are important tools for lawyers to avoid ethical issues and protect clients.
Paying for Litigation- Hourly, Contingency, Third Party Financing & More (Ser...Financial Poise
This webinar discusses various fee arrangements attorneys can use to pay for litigation services, including hourly fees, contingent fees, limited scope engagements, fixed fees, hybrid agreements, and third party litigation financing. It explores the benefits and drawbacks of each method from the perspective of both attorneys and clients. The webinar is part of a series aimed at educating new litigators on fundamental aspects of civil litigation.
LEGAL ETHICS – BEST PRACTICES 2022 - How to Avoid Malpractice & Disciplinary ...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
The document discusses Fast Track Mediation, an IRS program that allows taxpayers to resolve disputes through voluntary mediation within 30-40 days without a formal written protest. It can be used for non-docketed cases, trust fund recovery penalties, offers in compromise, and collection due process cases. The summary also mentions that Appeals is responsible for handling tax cases and determining settlements based on hazards of litigation. Hazards of litigation refer to the factual and legal uncertainties that could arise if a case was litigated in court.
This document discusses several ethical challenges that can arise in estate administration and probate practice. It addresses issues like determining who the client is, potential and actual conflicts of interest, avoiding conflicts involving clients and beneficiaries, and problems that may arise when the attorney is a witness. It also covers maintaining competency, acting with diligence, supervising other attorneys, obligation to associate competent counsel, statutory versus extraordinary fees, and the importance of clear communication with clients. Common challenges in trust practice and ethical mistakes that can lead to malpractice are also examined.
1. The document discusses seven golden rules for billing and collections to avoid disputes with clients that could lead to malpractice claims or disciplinary proceedings.
2. The rules include always discussing fees upfront, using written fee agreements, considering alternative fee arrangements, keeping detailed billing records, being a smart biller by carefully reviewing bills and offering payment incentives, addressing payment issues promptly, and offering to arbitrate disputes.
3. Following these rules along with being proactive in discussing fees and finances at the start of representation can help prevent most collection problems.
This document provides information on collecting fees from clients as an attorney. It discusses establishing payment policies upfront, following up respectfully with clients on late or unpaid bills, and potential alternatives if non-payment becomes serious, including withdrawing from the case, payment plans, liens, arbitration, or small claims court as a last resort. The goal is to resolve payment issues within ethical standards of avoiding harm to the client or their case. It also advertises legal practice management software and consulting services to help law firms with billing and collections.
Invoicing and Collecting for your Legal Serviceskhecker
Thoughts and musings on how to get paid for your legal services. THIS IS NOT LEGAL ADVICE. I AM NOT YOUR LAWYER. I WILL NOT BE YOUR LAWYER if you read this. Use at your own risk.
The document discusses the ethical and liability risks for lawyers who do not use computer-assisted legal research (CALR) technology such as Westlaw and LexisNexis. While there is no direct rule requiring the use of CALR, the standard of competent legal practice implies that lawyers must use tools that allow for thorough, efficient research. Failure to research issues adequately could lead to ethics violations, malpractice claims, or sanctions. As CALR has become ubiquitous and courts increasingly rely on it, not using these tools risks a lawyer failing to meet the standard of competent legal representation according to evolving practices.
International Contracts And Dispute Resolutionddubberly
The document provides an overview of various types of international commercial contracts and considerations for dispute resolution. It discusses options for export contracts including time/risk, joint ventures, licensing, and more. It also addresses limiting liability, protecting intellectual property, dealing with local laws, problems with litigation versus arbitration, crafting arbitration clauses, and the ICC arbitration process and fees.
This document provides an overview of tax dispute resolution in Kenya. It discusses:
1. The definition of tax controversies as disputes between tax authorities and taxpayers, usually resulting from audits.
2. The lifecycle of tax disputes from prevention through managing disputes like audits to final resolution. Prevention strategies include proper documentation and engaging tax consultants.
3. The Alternative Dispute Resolution (ADR) mechanism established in 2015 as a voluntary means of resolving tax disputes outside judicial processes. ADR aims to expedite resolution and improve relations between tax authorities and taxpayers.
Increasing Intensity to achieve collectionHannah Rain
This document provides guidance on various collection strategies and techniques for collecting on overdue debts. It discusses maintaining payment plans, aggressive communication with debtors, obtaining postdated checks and electronic payments, enforcing liens and bonds, reporting debts to credit bureaus, locating hard-to-find debtors using public records and internet resources, bringing in outside collection professionals, and dealing with issues like bad checks, bankruptcies, and countersuits. The document emphasizes the importance of organization, documentation, compliance with laws, and both professional and ethical treatment of debtors throughout the collection process.
How To Start and Manage A Successful Consumer Law Practice; Doing It Ethicall...bbennett
1) The document discusses how to avoid malpractice and disciplinary complaints as an attorney. It notes that every new attorney licensed after 1999 will likely have at least two disciplinary complaints against them.
2) It reviews the top 10 rule violations that attorneys receive complaints about, with neglect being the most common at 46%. It provides tips on reporting misconduct and resources for attorneys to assist with issues.
3) The presentation emphasizes the importance of competent representation, communication with clients, avoiding conflicts of interest, properly handling fees and client property, and not neglecting client matters. It aims to help attorneys start and manage a successful consumer law practice while staying out of disciplinary trouble.
The document proposes debt recovery services offered by India Debt Recovery, including amicable negotiation, legal negotiation, and litigation methods. It details the debt recovery process and pricing structure based on a success fee model. The services aim to help clients maximize returns on receivables throughout the recovery cycle.
Adam Wonnacott gave a presentation on effective enforcement methods, comparing High Court Enforcement to alternative methods such as statutory demands and insolvency procedures. High Court Enforcement involves enforcing court judgments through High Court Enforcement Officers who can seize and sell a debtor's goods. It works well when the debtor has assets but may not be suitable if the debt is disputed. Alternative methods include statutory demands, charging orders, and starting insolvency proceedings, with the most appropriate method depending on the specific circumstances of the case and debtor. Wonnacott advised working closely with Enforcement Officers and establishing expectations around payment arrangements, reporting, and key contacts.
The document provides guidance for NBFCs on conducting arbitral proceedings as an alternative to dispute resolution. It outlines the basic process, including pre-arbitration steps like case identification, selecting an arbitrator and counsel. During arbitration, key steps include filing statements of claim and reply, submitting evidence and witnesses, and framing issues. Post arbitration involves receiving and enforcing the award, including through attachment of property or garnishee orders. Supplements include fee schedules and forms to support the arbitration process.
This document discusses best practices for providing unbundled legal services over the internet. It begins by defining unbundled legal services as breaking legal tasks into separate services that clients can purchase individually. It then covers ethical considerations like ensuring clients understand the limited scope. The best practices section recommends analyzing legal matters into separate tasks, using engagement agreements to define the limited scope, educating clients, and sending termination letters. The goal is to make legal services more affordable and accessible.
How do I get back my fees and costs in a Florida lawsuit by expert business l...David Steinfeld, Esq.
In Florida, attorney’s fees are generally recoverable by the winning party if they are allowed by agreement such as in a written contract or by law in a statute. This protocol is commonly called the American Rule because it modified its cousin, the English Rule, which awarded fees to the winner in all civil cases.
Attorney’s fee can also be awarded in a lawsuit under procedural rules, such as for the failure to make discovery. But such fees awarded in a lawsuit are limited to the specific event like failing to turn over documents and do not include all the reasonable fees incurred in the litigation that have their genesis in a contract or statute.
The document summarizes Vighnesh's summer internship at Tis Hazari Courts in Delhi for his integrated Bachelor of Business Administration and Bachelor of Law degree program. It discusses the evolution of the Indian court system and the different types of courts. It also describes the administrative control of district courts, other adjudicatory bodies, procedures at an advocate's office like client counseling, legal research, drafting, and account settling. Finally, it outlines the procedures for filing a case, various court forms, cause lists, the structure and roles of court staff, assessing court fees, and proper court manners and procedures.
Similar to Ethical Billing Practices and Retainer Agreements for Lawyers (20)
Storytelling is an incredibly valuable tool to share data and information. To get the most impact from stories there are a number of key ingredients. These are based on science and human nature. Using these elements in a story you can deliver information impactfully, ensure action and drive change.
Anny Serafina Love - Letter of Recommendation by Kellen Harkins, MS.AnnySerafinaLove
This letter, written by Kellen Harkins, Course Director at Full Sail University, commends Anny Love's exemplary performance in the Video Sharing Platforms class. It highlights her dedication, willingness to challenge herself, and exceptional skills in production, editing, and marketing across various video platforms like YouTube, TikTok, and Instagram.
Unveiling the Dynamic Personalities, Key Dates, and Horoscope Insights: Gemin...my Pandit
Explore the fascinating world of the Gemini Zodiac Sign. Discover the unique personality traits, key dates, and horoscope insights of Gemini individuals. Learn how their sociable, communicative nature and boundless curiosity make them the dynamic explorers of the zodiac. Dive into the duality of the Gemini sign and understand their intellectual and adventurous spirit.
Starting a business is like embarking on an unpredictable adventure. It’s a journey filled with highs and lows, victories and defeats. But what if I told you that those setbacks and failures could be the very stepping stones that lead you to fortune? Let’s explore how resilience, adaptability, and strategic thinking can transform adversity into opportunity.
Best practices for project execution and deliveryCLIVE MINCHIN
A select set of project management best practices to keep your project on-track, on-cost and aligned to scope. Many firms have don't have the necessary skills, diligence, methods and oversight of their projects; this leads to slippage, higher costs and longer timeframes. Often firms have a history of projects that simply failed to move the needle. These best practices will help your firm avoid these pitfalls but they require fortitude to apply.
Zodiac Signs and Food Preferences_ What Your Sign Says About Your Tastemy Pandit
Know what your zodiac sign says about your taste in food! Explore how the 12 zodiac signs influence your culinary preferences with insights from MyPandit. Dive into astrology and flavors!
The APCO Geopolitical Radar - Q3 2024 The Global Operating Environment for Bu...APCO
The Radar reflects input from APCO’s teams located around the world. It distils a host of interconnected events and trends into insights to inform operational and strategic decisions. Issues covered in this edition include:
Taurus Zodiac Sign: Unveiling the Traits, Dates, and Horoscope Insights of th...my Pandit
Dive into the steadfast world of the Taurus Zodiac Sign. Discover the grounded, stable, and logical nature of Taurus individuals, and explore their key personality traits, important dates, and horoscope insights. Learn how the determination and patience of the Taurus sign make them the rock-steady achievers and anchors of the zodiac.
Brian Fitzsimmons on the Business Strategy and Content Flywheel of Barstool S...Neil Horowitz
On episode 272 of the Digital and Social Media Sports Podcast, Neil chatted with Brian Fitzsimmons, Director of Licensing and Business Development for Barstool Sports.
What follows is a collection of snippets from the podcast. To hear the full interview and more, check out the podcast on all podcast platforms and at www.dsmsports.net
3 Simple Steps To Buy Verified Payoneer Account In 2024SEOSMMEARTH
Buy Verified Payoneer Account: Quick and Secure Way to Receive Payments
Buy Verified Payoneer Account With 100% secure documents, [ USA, UK, CA ]. Are you looking for a reliable and safe way to receive payments online? Then you need buy verified Payoneer account ! Payoneer is a global payment platform that allows businesses and individuals to send and receive money in over 200 countries.
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Industrial Tech SW: Category Renewal and CreationChristian Dahlen
Every industrial revolution has created a new set of categories and a new set of players.
Multiple new technologies have emerged, but Samsara and C3.ai are only two companies which have gone public so far.
Manufacturing startups constitute the largest pipeline share of unicorns and IPO candidates in the SF Bay Area, and software startups dominate in Germany.
IMPACT Silver is a pure silver zinc producer with over $260 million in revenue since 2008 and a large 100% owned 210km Mexico land package - 2024 catalysts includes new 14% grade zinc Plomosas mine and 20,000m of fully funded exploration drilling.
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9. Some Relevant Rules
Rule 1.5 - Fees
Rule 1.1 – Competence
Rule 1.4 – Communication
Rule 1.15 – Requirement to maintain accurate
records
Rules 5.1, 5.2, 5.3 – Duties of supervising/
subordinate lawyers
NYCRR Part 1215 – Letter of Engagement
10. R. 1.5: Three Main Principles of Billing
Fees and Expenses:
Cannot be excessive
Cannot be illegal or prohibited
Cannot be based on fraudulent
billing
11. Time-Frames for Analyzing a Fee
Cannot ―make‖ an agreement for
illegal/excessive/fraudulent fee
Cannot ―charge‖ an
illegal/excessive/fraudulent fee
Cannot ―collect‖ an
illegal/excessive/fraudulent fee
12. Consequences of Excessive Billing
Non-payment/non-recovery
Disgorgement
Litigation costs to recover or defend fee
Discipline
Reduction in legal fee damages
Unhappy clients
Unhappy partners
13. What is an Excessive Fee?
A fee is excessive when, after a
review of the facts, a reasonable
lawyer would be left with a
definite and firm conviction
that the fee is excessive.
- R. 1.5(a)
15. Eight Non-Exclusive Factors – R. 1.5(a)
Time, labor, novelty, difficulty, skill
Preclusion of other work
Customary fee in locality for similar
services
Amount involved and results obtained
Time limitations imposed by
client/circumstances
Relationship with client
Experience, reputation, ability of lawyer
Fixed or Contingent
16. “Excessive” = “Unreasonable”?
Old Language:
―A lawyer of ordinary prudence
would be left with a definite and
firm conviction that the fee is in
excess of a reasonable fee.‖
- DR 2-106(b) (emphasis added)
18. Quantum Meruit
New York courts have held that an
attorney who is discharged
without cause before the
representation ends is limited to
quantum meruit, even in billable
hour context.
19. So What’s the Point …
… of having a contractual
fee?
20. Or as one court put it:
―Our fee-setting jurisprudence has
become needlessly confused—it
has come untethered from the
free market it is meant to
approximate.‖
-- Arbor Hill Concerned Citizens
Neighborhood Ass'n v. County of Albany &
Albany County Bd. of Elections, 522 F.3d
182, 184 (2d Cir. 2008)
21. Examples of Excessive, Unreasonable, or
Fraudulent Billing
Padding or double-billing
Doing nothing or very little
Doing it badly
Doing too much
Too many lawyers
Remedial or non-lawyer work
Inflating Expenses or charging for overhead
22. Question
If a client willingly enters
into an ―unreasonable‖
fee agreement, should
the lawyer be penalized?
24. Problematic or Improper Time-Keeping
Practices
Not keeping contemporaneous time records
Descriptions that are not detailed enough
Descriptions that are too detailed or contain
privileged information
Delayed billing
Unclear time entries, overuse of
abbreviations or shorthand
Insulting clients, colleagues, adversaries or
judges in the bill
27. Final Tips For Billing
Have clear, enforceable, updated retainer
agreements
Bill consistently with your agreements
Keep reasonably-detailed,
contemporaneous time records
Avoid block billing
Send bills in a timely manner
Maintain consistent collections practices
29. Retainer Agreements – Rule 1.5(b)
Lawyer shall communicate to
client scope of representation
and basis or rate of fee and
expenses
Reasonable time after
commencement
In writing where required by
statute or court rule
30. Retainer Agreements – Rule 1.5(b)
No writing required where lawyer
will charge a regularly represented
client on the same basis or rate
and perform services that are of
the same general kind as
previously rendered to and paid
for by the client
31. NYCRR Part 1215
Scope of legal services
Fees and expenses
Billing practices
Right to arbitrate under Part 137,
where applicable ($1000 to $50,000)
Some Exceptions
Fees under $3000
Services are same general kind
previously rendered and paid for
32. Some Tips for Retainer Agreements
Define who your client is (and is not)
Define scope of representation
Joint clients and conflict waivers
Consider limited scope representation – R.
1.2(c)
Consider new retainer agreement for each
new matter, if feasible
Change in scope or fee must also be
communicated to client