Sources and authorities
Rule text is quoted from published sources and linked. State examples come from the states' own publications, not from summaries.
The model rule
- American Bar Association, Model Rules of Professional Conduct, Rule 1.5: Fees. Source of the standard quoted in section 04 that a lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses, and of the requirement referred to in section 08 that a contingent matter ends with a written statement of the outcome. ABA.
- ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 93-379, on billing for professional fees, disbursements and other expenses. Referred to in section 05 for the distinction between a case expense and general overhead. We describe its subject rather than quoting it, because we have not read the full opinion text.
State adoptions, quoted from the states themselves
- Delaware Courts, Rule 1.5 Fees as adopted in Delaware. Source of the eight reasonableness factors tabulated in section 04. Delaware Courts.
- Maine Board of Overseers of the Bar, Rule 1.5 as adopted in Maine. Source of the provision described in section 10 prohibiting an advance waiver of the right to challenge the reasonableness of a fee. Maine Board of Overseers.
On the worked example. The figures in section 03 are round numbers chosen to make arithmetic legible: a hundred thousand dollar recovery, a one third rate, ten thousand dollars of costs. They are not drawn from data and they are not a claim about what cases are worth or what they cost to run.
On the range you will see quoted. A contingent rate of roughly a third rising to about forty percent is quoted constantly across the personal injury industry, including in the fee answer on other pages of this site. We have not found a published source for that range that we would stand behind, and you should treat it as an industry convention rather than as a measured figure. It is a reasonable expectation to arrive with and a poor thing to assume. What governs your case is the number in your own agreement, and whether it can be defended against the reasonableness factors in section 04.
Model rules are models. The American Bar Association publishes the Model Rules as a template. They govern no lawyer anywhere until a state's highest court adopts them, and states adopt them with amendments, as the Delaware and Maine examples show. The version that governs your agreement is your own state's rule.
Why only two states are named. Delaware and Maine appear because we could read their rules on their own official sites. They are illustrations of variation, not a survey, and their rules do not tell you anything about your state unless you live in one of them.