Washington Lawyer - November/December 2019 - 9

PRACTICE MANAGEMENT
(b) _____ percent of the gross recovery if the recovery is obtained
after the filing of a lawsuit but before the arbitration hearing, settlement conference, or trial, whichever occurs first;
(c) _____ percent of the gross recovery if the recovery is obtained at or
after the arbitration hearing, settlement conference, or trial, whichever
occurs first, but before the filing of Client's brief in an appeal from a
court judgment; and
(d) _____ percent of the gross recovery if the recovery is obtained
after the filing of Client's brief in an appeal from a court judgment.
"Gross recovery" means the total amount received (whether by settlement, arbitration award, or court judgment) from any party. Client and
Attorney shall be listed as payees on any check or draft constituting gross
recovery. If there is no recovery, Attorney will receive no attorney's fees.
This two-part process is not required by Rule 1.5, and depending upon
the sophistication of the client, it could be confusing.
Back in your office when you are drafting the more formal agreement that
you will promptly send to the new client, what additional terms should be
included? That is a matter for you and the client to negotiate. However, in
addition to the scope, fee, and expense language of your initial letter to
the client, you should consider provisions for:
* How and when you will communicate and keep the client informed
of developments;

* The client's duties and responsibilities for providing information,
attending meetings, appearing in court, and testifying;
* Who the client may or may not communicate with during the
representation;
* What happens to the file upon the conclusion of the matter (see D.C.
Bar Legal Ethics Opinions 283 and 357);
* How a fee dispute will be resolved;
* If other lawyers will be involved in the representation and if there will
be fee sharing (see D.C. Rule 1.5(e)); and
* What happens if the agreement is terminated before the representation
is completed.
Besides being required by the applicable rules, documentation of the
attorney-client relationship is important because it establishes the parameters of the issue the lawyer is going to address for the client, how and
whether the lawyer will be paid, and how the parties will work together
during the representation. A fee agreement is both a blueprint for solving
the client's problem and a risk-management tool for the lawyer.

For free and confidential practice management information, contact D.C.
Bar practice management advisors Dan Mills and Rochelle D. Washington
at 202-780-2762 and 202-780-2764, respectively, or email pmas@dcbar.org.

NOVEMBER/DECEMBER 2019

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WASHINGTON LAWYER

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Washington Lawyer - November/December 2019

Table of Contents for the Digital Edition of Washington Lawyer - November/December 2019

Digital Extras
Your Voice
From Our President
Practice Management
Calendar of Events
Going Above and Beyond feature
On Safer Ground feature
Casa Ruby Profile
Pro Bono Effect
Member Spotlight
Worth Reading
Media Bytes
Attorney Briefs
Ask the Ethics Experts
Disciplinary Summaries
Community & Connections
Last Word
Washington Lawyer - November/December 2019 - Cover1
Washington Lawyer - November/December 2019 - Cover2
Washington Lawyer - November/December 2019 - 1
Washington Lawyer - November/December 2019 - 2
Washington Lawyer - November/December 2019 - 3
Washington Lawyer - November/December 2019 - Digital Extras
Washington Lawyer - November/December 2019 - Your Voice
Washington Lawyer - November/December 2019 - From Our President
Washington Lawyer - November/December 2019 - 7
Washington Lawyer - November/December 2019 - Practice Management
Washington Lawyer - November/December 2019 - 9
Washington Lawyer - November/December 2019 - Calendar of Events
Washington Lawyer - November/December 2019 - 11
Washington Lawyer - November/December 2019 - Going Above and Beyond feature
Washington Lawyer - November/December 2019 - 13
Washington Lawyer - November/December 2019 - 14
Washington Lawyer - November/December 2019 - 15
Washington Lawyer - November/December 2019 - 16
Washington Lawyer - November/December 2019 - 17
Washington Lawyer - November/December 2019 - On Safer Ground feature
Washington Lawyer - November/December 2019 - 19
Washington Lawyer - November/December 2019 - 20
Washington Lawyer - November/December 2019 - 21
Washington Lawyer - November/December 2019 - 22
Washington Lawyer - November/December 2019 - 23
Washington Lawyer - November/December 2019 - 24
Washington Lawyer - November/December 2019 - 25
Washington Lawyer - November/December 2019 - Casa Ruby Profile
Washington Lawyer - November/December 2019 - 27
Washington Lawyer - November/December 2019 - 28
Washington Lawyer - November/December 2019 - 29
Washington Lawyer - November/December 2019 - 30
Washington Lawyer - November/December 2019 - 31
Washington Lawyer - November/December 2019 - Pro Bono Effect
Washington Lawyer - November/December 2019 - 33
Washington Lawyer - November/December 2019 - 34
Washington Lawyer - November/December 2019 - 35
Washington Lawyer - November/December 2019 - 36
Washington Lawyer - November/December 2019 - Member Spotlight
Washington Lawyer - November/December 2019 - 38
Washington Lawyer - November/December 2019 - 39
Washington Lawyer - November/December 2019 - Worth Reading
Washington Lawyer - November/December 2019 - 41
Washington Lawyer - November/December 2019 - Media Bytes
Washington Lawyer - November/December 2019 - Attorney Briefs
Washington Lawyer - November/December 2019 - Disciplinary Summaries
Washington Lawyer - November/December 2019 - Community & Connections
Washington Lawyer - November/December 2019 - 46
Washington Lawyer - November/December 2019 - 47
Washington Lawyer - November/December 2019 - Last Word
Washington Lawyer - November/December 2019 - Cover3
Washington Lawyer - November/December 2019 - Cover4
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