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In re Arkansas Rules of Professional Conduct

Supreme Court of Arkansas

June 23, 2016

IN RE ARKANSAS RULES OF PROFESSIONAL CONDUCT, RULE 1.5

          PER CURIAM

         The Supreme Court Committee on Professional Conduct is recommending that the court amend Rule 1.5 of the Rules of Professional Conduct. We publish the proposal for comment. Comments should be made in writing before September 1, 2016, and they should be addressed to: Stacey Pectol, Clerk, Supreme Court of Arkansas, Attention: Professional Conduct, Rule 1.5, Justice Building, 625 Marshall Street, Little Rock, Arkansas 72201.

         Proposed changes are set out in "line-in, line-out" fashion (new material is underlined; deleted material is lined through).

         Arkansas Rules of Professional Conduct

         Rule 1.5. Fees.

         (a) A lawyer's fee shall be reasonable. A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. 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 results 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)(1) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.

         (2) Any agreement between a lawyer and a client likely to result in a total fee in excess of $1, 000.00, or any agreement for a retainer in excess of $1, 000.00, shall be confirmed in writing and shall state the ...


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