The State Bar is seeking public comment on revisions to the Sample Fee Agreement Forms

Deadline: May 1, 2019

Background

The Committee on Mandatory Fee Arbitration has made revisions to the Sample Fee Agreement Forms. The revised Sample Fee Agreement Forms reflect revisions to the updated Rules of Professional Conduct, which became operative on November 1, 2018.

Discussion

The Sample Fee Agreement forms include three types of agreements: (1) hourly fee agreements for litigation matters; (2) hourly agreements for non-litigation matters; and, (3) contingency fee agreements. In addition, these documents include an Instructions and Comments document describing the intended purpose and limitations of the sample fee agreements, as well as a collection of Optional Clauses and Disclosure Forms that may pertain to a particular engagement.

Proposal

Some references to the Rules of Professional Conduct required substantive changes to the Sample Fee Agreement Forms, including obligations concerning flat fees, advance fees, and mediation confidentiality.In addition, a one-page mediation confidentiality disclosure form was created to assist attorneys in complying with the requirements of Evidence Code section 1129, which became effective January 1, 2019.

Any fiscal/personnel impact

None

Background material

Regulation and Discipline Committee Agenda Item

Sample Fee Agreement Forms

Source

Regulation and Discipline Committee

Deadline

May 1, 2019

Direct comments to

Isabel Liou
Office of Professional Competence, Mandatory Fee Arbitration Program
180 Howard Street
San Francisco, CA 94105
Phone: 415-538-2020
Email: feearb@calbar.ca.gov