Legal Ethics Unit Seven Seminar

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

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Legal Ethics – Unit Seven

Fair Fees and Client Trusts

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

Preview Unit 7

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Unit Seven discusses Fair Fees and Client Trusts. This unit provides the studentwith an understanding of one of the most common ethical violations in the legalprofession: mishandling of clients' money. Legal assistants play a large role infinancial matters, from billing clients to maintaining client trust funds. It is thereforeessential for students who plan to be legal assistants to have a completeunderstanding of attorney fees, ethical billing practices, and the duties required inhandling client funds

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

Preview Unit 7

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In Unit Seven we learn:

•How Do We Begin the Relationship with a Client?

•What Are the Different Types of Fee Agreements?

Contingency Fees

Hourly Billing

Other Billing Methods

•What Should Be in the Fee Agreement?

•What Should Not Be in the Fee Agreement?

•What Is a Retainer?

•How Does a Client Trust Account Work?

•How Does a Law Firm Get Paid?

•How Do We Get Fees from the Other Side in Litigation?

•Are Paralegal Fees Awardable?

•What Is an Inappropriate Fee?

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

Unit 7 Review

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Review Questions:

Contingent fees, value billing, and hourly billing are :

a. methods of charging clients for legal services.

b. methods for law firms to ensure equal profit sharingamong partners.

c. requirements for attorneys to perform legal services forcorporations.

d. billing increments that justify time spent by attorneys andparalegals.

e. methods by which the law firm accountant will bill the lawfirm.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

Unit 7 Review

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Review Questions:

A client’s file may be held by a lawyer who is owed moneyby that client until

a. The lawyer receives his or her money.

b. The lawyer gets paid but only if allowed by theattorney/client agreement.

c. The client signs a promissory note to the attorney.

d. The state supreme court’s fee arbitration committeedecides otherwise.

e. This is typically not allowed. The client’s file belongs to theclient and cannot be held.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

Unit 7 Review

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Review Questions:

If compensation for paralegal time is sought by a lawyer,the application to the courts for fees should include:

a. a detailed statement of the time spent and legallysubstantive tasks performed by the paralegal.

b. the paralegal’s resume showing past work experience.

c. a statement showing the paralegal’s education and trainingto perform the paralegal work.

d. the market rate for paralegal services in that practice areaand geographical location.

e. all of the above.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

Unit 7 Review

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Review Questions:

All timekeeping and billing records prepared andmaintained by paralegals must be :

a. thorough.

b. accurate.

c. honest.

d. prepared contemporaneously with the work.

e. all of the above.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

Unit 7 Review

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Review Questions:

“Contingency fee” means

a. The lawyer gets paid regardless of the outcome of thecase.

b. The lawyer gets paid on an hourly basis if the case is won.

c. The law firm’s recovery of legal fees is contingent upon theoutcome of the case.

d. The law firm will probably not get paid.

e. The law firm’s costs must be paid by the client, but thelegal fees will be a percentage of the money that the clientwins or is entitled to by settlement.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

Unit 7 Review

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Review Questions:

“Hourly rate” fee agreements are

a. illegal in most states.

b. common but unethical.

c. common in plaintiff’s personal injury work.

d. common in divorce cases.

e. common in criminal prosecutions.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

Unit 7 Review

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Review Questions:

Fee agreements with clients

a. should not be negotiated by paralegals.

b. should be in writing.

c. should be fully explained to the client.

d. should be fair and reasonable.

e. all of the above.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.edu

Thursday, September 10, 2015

Unit 7 Review

$C:\Documents and Settings\Susan\Local Settings\Temporary Internet Files\Content.IE5\MN4HCJSM\MCj04352530000[1].png$

Review Questions:

Fee agreements with clients

a. should not be negotiated by paralegals.

b. should be in writing.

c. should be fully explained to the client.

d. should be fair and reasonable.

e. all of the above.