Can a law firm bill a client for both lawyers' time spent in an internal conference about the case?

Plain-English summary

The Committee responded to inquiries about a fee-arbitration decision (File No. FA-83-58) that had been summarized in The Alaska Bar Rag as holding that clients should not be charged for both attorneys' time in intra-office discussions. The opinion explained that the arbitration decision was made on the particular facts of that case and does not establish a per se rule about billing for intra-office conferences.

The opinion concluded that the propriety of such charges depends on the facts and circumstances of each case. It observed that in most cases where two or more attorneys in a single office work on one case, the client benefits from the work of all the attorneys, which necessarily includes certain intra-office conferences, and that in those circumstances it would not be improper to charge for both attorneys' time. The opinion pointed to DR 2-106 for the standards applicable to fees for legal services.

Currency note

This opinion was issued in 1986, before the Alaska Bar Association's adoption of the 2009 revisions to the Alaska Rules of Professional Conduct (and before Alaska adopted the Rules of Professional Conduct at all; it applies the former Code of Professional Responsibility). 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 Treat this page as historical context, not current guidance.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: Can a firm bill for both lawyers who attend an internal case conference?

A: The opinion concluded there is no per se rule against it; in most cases where multiple attorneys' work benefits the client, including the conferences, it is not improper to charge for both attorneys' time.

Q: Did the fee-arbitration decision create a flat ban on such billing?

A: No. The opinion explained that the arbitration decision in File No. FA-83-58 was based on the facts of that case and does not establish a per se rule.

Q: What governs whether the charge is proper?

A: The opinion concluded it depends on the facts and circumstances of each case, measured against the fee standards of DR 2-106.

Background and rules framework

The opinion applied DR 2-106 of the former Alaska Code of Professional Responsibility, the rule governing the reasonableness of fees for legal services, the analog of today's Model Rule 1.5. It treated billing for intra-office conferences as a fact-specific question under that reasonableness standard rather than a categorical prohibition.

Citations and references

Rules of Professional Conduct (former Code; cf. Model Rules):

• DR 2-106 (standards for fees for legal services) (cf. Model Rule 1.5)

See also

• Alaska Ethics Op. 87-1: Non-Refundable Retainers
• ABA Formal Op. 00-420: Surcharge for Contract Lawyers

Source

• Landing page: https://alaskabar.org/ethics-discipline/ethics-opinions/adopted-ethics-opinions-chronological/
• Original PDF: https://alaskabar.org/wp-content/uploads/86-1.pdf

Original opinion text

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

Ethics Opinion No. 86-1
Propriety of Law Firm Charging Client for Intra-Office Conference.
The Alaska Bar Association, and the Ethics Committee, have received
various inquiries regarding the decision of the fee arbitration panel in file No.
FA-83-58, which was reported in Volume 9, No. 3, The Alaska Bar Rag, at page
3 (November, 1985). The summary of this decision stated that clients should
not be charged for both attorneys' time in intra-office discussions.
The decision of the fee arbitration panel in File No. FA-83-58 was made
based on the facts and circumstances of that particular case. There is no per se
rule regarding billing practices that clients should not be charged for both
attorneys' time in intra-office conferences. The propriety of such charges
depends upon the facts and circumstances of each particular case. In fact, in
most cases where two or more attorneys in a single office perform work on a
single case, the client is benefited from the work of all attorneys, which
necessarily includes certain intra-office conferences. Under such
circumstances, it would not be improper to charge for both attorneys' time.
(See DR 2-106 for standards applicable to fees for legal services.)
Adopted by the Alaska Bar Association Ethics Committee on December 10,
1985.
Approved by the Board of Governors on January 10, 1986.

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