West Virginia Disclosure by Letter from Client to Attorney Regarding Division of Fees between Attorneys

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Multi-State
Control #:
US-01623BG
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Word; 
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Description

Without an agreement as to the division of fees, attorneys jointly undertaking to represent a client share equally, and this is true even though one attorney employs another attorney to assist in an action for a contingent fee. But where the client's employment of more than one attorney is not joint, or where separate attorneys render separate services, each is entitled only to the reasonable value of each attorney's services.

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FAQ

California Rules of Professional Conduct. Rule 1.8. 1 specifically outlines that an attorney may not enter into business transactions with a client. In addition, they may not knowingly acquire ownership, possession, security, or any other pecuniary interest in a client.

That is, generally in a contingency fee agreement, the lawyer only receives compensation if the lawyer has successfully represented the client. Further, the amount the lawyer receives is contingent upon the result the lawyer obtains and often on the phase of litigation in which the dispute settles.

The eight factors used to determine a reasonable fee are: time and labor required; other employment opportunities; customary fees in the community; amount involved and the results obtained; time limitations; professional relationship with a client; experience, reputation, and ability of the lawyer; and type of fee ( ...

Legal fees are most commonly used to describe the fees paid to the attorney for his/her time and effort. Fee structures for attorney vary significantly based on the region and type of case.

Lawyers consider various factors when setting their fees. A lawyer who is well-known in a certain area of the law might charge more than someone who is not. A lawyer also may consider the complexity of the case and the amount of time your matter could take.

While Rule 1.5(a) requires fees to be reasonable, however, the factors it considers in assessing reasonableness are extremely broad. A lawyer's experience, the time required, the client's demands, and the local market may all be considered.

Factors of reasonableness include the nature of the matter, opportunity costs, local custom, stakes for the client, emergencies, repeated work, reputation, and risk factors. An attorney must not commingle client funds and attorney fees unless it is to pay bank service charges.

In West Virginia, in order to assert an attorney-client privilege, three elements must be present: 1) both parties must contemplate that the attorney-client relationship does or will exist; 2) the advice must be sought by the client from the attorney in his or her capacity as a legal adviser; and 3) the communication ...

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West Virginia Disclosure by Letter from Client to Attorney Regarding Division of Fees between Attorneys