Is that fair that I should have to pay attorney fees for a court error that was totally not my fault
Full Question:
Answer:
The Michigan Rules of Professional Conduct (MRPC) are used to judge the fees charged by attorneys in Michigan. MRPC 1.5, which governs fees, sets forth in subparagraph (a) the factors which must be considered in determining the reasonableness of a fee. Subparagraph (b) requires the fee to be communicated to the client, preferably in writing. Subparagraph (c) allows contingent fees under written fee agreements unless otherwise prohibited.
In Michigan, a fee agreement which mixes a contingency fee and an hourly rate whichever is greater is allowed if:
(1) the resulting fee was reasonable,
(2) the fee agreement is in writing,
(3) the client was kept advised of the hourly rate as the matter progressed,
(4) the percentage calculation was at a rate lower than maximum rate, since the lawyer had risked no fee, and
(5) the hourly rate was lower than that normally charged.
In comments to the rule above it was stated as follows:
"Basis or Rate of Fee
When the lawyer has regularly represented a client, they ordinarily
will have evolved an understanding concerning the basis or rate of the
fee. In a new client-lawyer relationship, however, an understanding as
to the fee should be promptly established. It is not necessary to recite
all the factors that underlie the basis of the fee, but only those that are
directly involved in its computation. It is sufficient, for example, to state
that the basic rate is an hourly charge or a fi xed amount or an estimated
amount, or to identify the factors that may be taken into account in
fi nally fi xing the fee. When developments occur during the representation
that render an earlier estimate substantially inaccurate, a revised
estimate should be provided to the client. A written statement concerning
the fee reduces the possibility of misunderstanding. Furnishing the
client with a simple memorandum or a copy of the lawyer’s customary
fee schedule is sufficient if the basis or rate of the fee is set forth."
The following is MRPC 1.5:
Rule 1.5 Fees
(a) A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee. A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. 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 result 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) When the lawyer has not regularly represented the client, the basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.
(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 contingent fee is prohibited by paragraph (d) or by other law. A contingent-fee agreement shall be in writing 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 deduced from the recovery, and whether such expenses are to be deduced before or after the contingent fee is calculated. 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 a contingent fee in a domestic relations matter or in a criminal matter.
(e) A division of a fee between lawyers who are not in the same firm may be made only if:
(1) the client is advised of and does not object to the participation of all the lawyers involved; and
(2) the total fee is reasonable.
