Does Alabama follow ABA Formal Opinion 93-379 on how lawyers may bill for fees, disbursements, and expenses?

Plain-English summary

The Standing Committee on Ethics and Professional Responsibility of the American Bar Association issued Formal Opinion 93-379 on December 6, 1993, addressing how lawyers may bill for professional fees, disbursements, and other expenses. Because the Office of General Counsel received numerous requests on these subjects, it asked the Disciplinary Commission to determine whether that ABA opinion correctly states the rule applicable to Alabama lawyers.

The Disciplinary Commission concluded that ABA Formal Opinion 93-379 correctly states the rule applicable to Alabama lawyers concerning the billing of professional fees, disbursements, and other expenses. Accordingly, the Commission incorporated Formal Opinion 93-379 and made it a part of this opinion. The opinion itself adds no separate analysis; it adopts the ABA opinion's treatment of billing as the Alabama rule.

Currency note

This opinion was issued in 1994, before the 2002 Ethics 2000 revisions to the ABA Model Rules of Professional Conduct and Alabama's subsequent amendments to its Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Does Alabama follow ABA Formal Opinion 93-379 on lawyer billing?

A: Yes. The opinion concluded ABA Formal Opinion 93-379 correctly states the rule applicable to Alabama lawyers on billing for professional fees, disbursements, and other expenses.

Q: What does the Alabama opinion add to the ABA opinion?

A: The opinion adds no independent analysis; it incorporates ABA Formal Opinion 93-379 and makes it a part of this opinion.

Background and rules framework

The opinion adopts ABA Formal Opinion 93-379, which interprets the lawyer-billing constraints of Model Rule 1.5 (fees) and related principles governing charges for professional fees, disbursements, and expenses. The corresponding Alabama provision is Rule 1.5 of the Alabama Rules of Professional Conduct.

Citations and references

Rules of Professional Conduct:

• Model Rule 1.5 / Ala. R. Prof. C. 1.5 (fees; billing for fees and expenses)

Other opinions cited:

• ABA Formal Opinion 93-379 (Dec. 6, 1993): billing for professional fees, disbursements, and other expenses (adopted as the Alabama rule)

See also

• AL Ethics Op. 1994-07: Foreclosure Percentage Fees
• AL Ethics Op. 1992-17: nonrefundable retainers and abiding by client billing

Source

• Landing page: https://www.alabar.org/office-of-general-counsel/formal-opinions/1994-02/
• Original PDF: https://www.alabar.org/assets/2019/02/RO-94-02-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

ETHICS OPINION

RO-94-02

Guidelines for billing by lawyers for professional fees, disbursements, and other expenses (Adoption of ABA Formal Opinion 93-379)

QUESTION:

The Standing Committee on Ethics and Professional Responsibility of the American Bar Association issued Formal Opinion 93-379 on December 6, 1993, concerning billing for professional fees, disbursements and other expenses. This office receives numerous requests concerning these subjects and, for that reason, requests the Disciplinary Commission to determine whether or not this opinion correctly states the rule applicable to Alabama lawyers concerning these matters.

ANSWER:

It is the opinion of the Disciplinary Commission that ABA Formal Opinion 93-379 correctly states the rule applicable to Alabama lawyers concerning the billing of professional fees, disbursements and other expenses. Accordingly, Formal Opinion 93-379 is incorporated herein and made a part of this opinion.

RWN/vf

1/19/94