ABA Explains Fee Division With Client’s Prior Counsel

A lawyer who takes over a contingent fee case has to let the client know in writing of the former lawyer’s potential right to a fee, the American Bar Association said in an opinion on fee division with prior counsel.

Clients should have a “clear understanding of the total legal fee, how it’s to be computed, when it is to be paid, and by whom,” the opinion by the ABA’s Standing Committee on Ethics and Professional Responsibility said.

Sections (a), (b), and (c) of ABA Model Rule 1.5 provide guidance for attorneys when they take over a case on a ...