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Alternative Fee Arrangements: Ethical Considerations

Learn the different types of alternative fee arrangements that follow the Rules of Professional Conduct.

In today's legal market, clients are seeking methods to compensate their attorneys other than the traditional fee based upon an hourly rate. The Rules of Professional Conduct limit some of the flexibility in agreeing to the fee arrangements requested. There are also practical concerns with some of the potential fee agreements, such as disputes regarding the scope of the engagement and the work covered by the fee. This topic will present various fee arrangements that are used and discuss limitations on those arrangements imposed by the Rules of Professional Conduct. The various risks and benefits associated with each type of arrangement will be covered, as well as required documentation. This information will assist the attorney in proposing or agreeing to alternative fee agreements that the clients are seeking.

Runtime: 90 minutes

Topic Outline

The alternative fee arrangement topic is based on both an in-depth reading of the Rules of Professional Conduct and the practical experiences of the program's authors. Content covers different payment options, including flat fees and hourly rates, as well as non-traditional alternatives such as compensation by participating in the client’s venture, third party payments and fee splitting. Conditions under which it is permissible to use a contingency-based fee structure are also covered.

All topics focus equally on an attorney’s legal responsibilities and on the practical matters that should be considered when proposing an alternative fee arrangement for clients. Issues of disclosure, restrictions and required documentation are covered as well.

Program Delivery Options

Alternative Fee Arrangements for Your Clients is available as an on-demand webinar through Lorman Education Services. You can watch our webinars anytime, from any computer. We also offer instant MP3 download of course materials, or physical delivery of the PDF and MP3 files on a USB flash drive for home study. Choose the option that’s best for you by following the Purchase Options link on this page.

Professional Credits

Successful completion of Alternative Fee Arrangements for Your Clients qualifies the participant to receive continuing legal education credits with many state bar associations. Please see the Credits tab on this page for a state-by-state list.

Your Path to Professional Growth

The alternative fee arrangement topic is just one of the many professional development options available at Lorman Education Services for attorneys and other legal professionals. For over 28 years, we have been offering innovative alternatives to in-classroom learning for both busy professionals and anyone looking to take their career in a new direction. All classes are taught by highly trained instructors at the top of their field. All you need is an Internet-enabled computer — browse our complete selection of legal webinars and topics today.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Application of Rules of Professional Conduct

  • Rule 1.5 - Basis for Determining a Reasonable Fee
  • Rule 1.4 - Communication Regarding the Fee
  • Rule 1.2 - Scope of Engagement

Fees Based Upon an Hourly Rate

Not to Exceed Fees

Flat Fees

  • General Use
  • Nonrefundable Flat Fees

Compensation by Participating in the Client's Venture

  • General Use
  • Documentation and Disclosure

Contingency Fees

  • When Impermissible
  • Required Documentation

Third-Party Payor

  • Typical Arrangements
  • Restrictions and Disclosures

Fee Splitting

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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on June 27, 2019.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5 including Ethics 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.50 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.5 hours of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.50 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hours of ethics credit.
     
  • CT CLE 1.5 including Ethics 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 1.50 hour(s) of ethics credit.
     
  • FL CLE 2.0 including Ethics 2
     
  • This course has been approved by The Florida Bar for 2.0 hour(s) of CLE credit, including 2.00 hour(s) of ethics credit. Course classification: Intermediate level.
     
  • GA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 1.5 ethics hours.
     
  • HI CLE 1.5 including Ethics 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 1.50 ethics credit hours.
     
  • IA CLE 1.5 including Ethics 1.5
     
  • Alternative Fee Arrangements: Ethical Considerations is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hour(s) including 1.50 ethics hour(s) of unmoderated credit towards the mandatory continuing legal education requirements under the Iowa rule. Please note: you can receive a maximum of 6 hours of unmoderated activities per calendar year.
     
  • IL CLE 1.5 including Legal Ethics 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 1.50 hours.
     
  • ME CLE 1.5 including Ethics 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit including 1.50 ethics hours under M. Bar R. 12.
     
  • MT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 1.50 hours of ethics credit.
     
  • ND CLE 1.5 including Ethics 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • NH MCLE 1.5 including Ethics 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). This Program contains 90 minutes of legal ethics credit.
     
  • NJ CLE 1.8 including Ethics 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 1.8 qualify as hours of credit for ethics/professional responsibility.
     
  • NM CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.5 hours of ethics credit.
     
  • NV CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OK CLE 2.0 including Ethics 2
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 2.00 hours are credits covering legal ethics.
     
  • OR CLE 1.5 including Ethics 1.5
     
  • Approved for 1.5 CLE credits in Oregon, including 1.50 hours of ethics credit.
     
  • PA CLE 1.5 including Ethics 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 1.50 hours of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.50 hours of ethics credit.
     
  • TN CLE 1.5 including Dual 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit, including 1.50 hours of dual credit.
     
  • UT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.50 hours of ethics credit.
     
  • VA CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours, including 1.50 hours of ethics credit.
     
  • VT CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit, including 1.50 hours of ethics.
     
  • WV MCLE 1.8 including Ethics 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hours of ethics credit.
     
  • NALA 1.5 including Ethics 1.5
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.5 hour(s) including 1.50 hour(s) of ethics credit.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • AK CLE 1.5 including Ethics 1.5
     
  • Arizona CLE 1.5 including Ethics 1.5
     
  • CA MCLE 1.5 including Ethics 1.5
     
  • CT CLE 1.5 including Ethics 1.5
     
  • HI CLE 1.5 including Ethics 1.5
     
  • IL CLE 1.5 including Legal Ethics 1.5
     
  • ME CLE 1.5 including Ethics 1.5
     
  • MT CLE 1.5 including Ethics 1.5
     
  • NJ CLE 1.8 including Ethics 1.8
     
  • NM CLE 1.5 including Ethics 1.5
     
  • NV CLE 1.5 including Ethics 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5 including Ethics 1.5
     
  • UT CLE 1.5 including Ethics 1.5
     
  • VT CLE 1.5 including Ethics 1.5
     
  • WA CLE 1.5 including Ethics 1.5
     
  • WV MCLE 1.8 including Ethics 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

John A. Snow

John A. Snow

Parsons Behle & Latimer

  • Attorney with Prince Yeates & Geldzahler, Salt Lake City, Utah
  • Practice consists of general civil litigation; including commercial, professional malpractice, construction, and insurance coverage and defense
  • Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation and construction
  • Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law, and as a Super Lawyer in the Mountain States in Super Lawyer magazine
  • Ranked in Chambers USA for Utah in general commercial litigation
  • Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
  • Can be contacted at 801-524-1073 or [email protected]
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 405656
Published 2019
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