Cost of Virginia Divorce Lawyer
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.
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.
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 or other
law. A contingent fee agreement shall be in a writing
signed by the client 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 deducted from the recovery; and whether
such expenses are to be deducted before or after the contingent
fee is calculated. The agreement must clearly notify the
client of any expenses for which the client will be liable
whether or not the client is the prevailing party. 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.
A lawyer shall not enter into an arrangement
for, charge, or collect:
(1) any fee in a domestic relations matter,
the payment or amount of which is contingent upon the
securing of a divorce or upon the amount of alimony
or support, or property settlement in lieu thereof;
or
(2) a contingent fee for representing
a defendant in a criminal case.
A division of a fee between lawyers who
are not in the same firm may be made only if:
(1) the division is in proportion to the
services performed by each lawyer or each lawyer assumes
joint responsibility for the representation;
(2) the client agrees to the arrangement,
including the share each lawyer will receive, and the
agreement is confirmed in writing; and
(3) the total fee is reasonable.
These rules are based on the Model Rules
of Professional Conduct
|
