Monday, December 17, 2012

Put it in writing!

Effective 1/1/2013, most representation and fee agreements must be in writing according to amended Mass. R. Prof. C. 1.5(b). New comment 2 to the rule explains that “a simple memorandum or copy of the lawyer’s customary fee schedule is sufficient if the scope of the representation and the basis or rate of the fee is set forth.” Exceptions to Rule 1.5 include a single-session legal consultation in which the client is charged less than $500 or when the attorney is appointed by the court to represent an indigent party. Also exempted are Limited Assistance Representation attorneys as defined in Rule 6.5.