Fee sharing agreement between attorneysFee Sharing Agreement • December 2nd, 2024
Contract Type FiledDecember 2nd, 2024By David L. Winnett, The Veen Firm, 2014. To be enforceable, contingency fee agreements and attorney fee-sharing agreements must meet specific requirements. Failure to comply can make these agreements invalid at the client's discretion and force the attorney to prove a reasonable fee. As many plaintiffs' attorneys use one or both of these agreement types, it is crucial to stay informed about the relevant law. Contingency Fee Agreements Unconscionability Initially, an attorney cannot charge an illegal or unconscionable fee. Whether a fee is unconscionable depends on 11 factors: the value of services performed, client sophistication, question difficulty, and so on. The fee's unconscionability is assessed at the time of agreement except where parties contemplate later events affecting the fee. The party asserting unconscionability bears the burden to prove condition. Simple fact that a contingency fee exceeds an hourly basis does not render the fee agreement unconscionable. Requirements f