Could a lawyer use set fees with brief, intermediate, and extended service levels?

Plain-English summary

A lawyer proposed a set fee for each kind of service, with rates varying by whether the service was brief, intermediate, or extended.

The opinion said Rule 4-1.5 did not prohibit that fee schedule if the fees themselves were reasonable. It also said Rule 1.4(b) required the meaning of the service-level terms to be communicated adequately to clients.

Currency note

This 1994 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did Rule 4-1.5 prohibit the tiered schedule?

A: No, if the fees themselves were reasonable.

Q: What explanation did Rule 1.4(b) require?

A: The lawyer had to communicate adequately what terms such as brief meant.

Background and rules framework

The opinion applied Missouri Rule 4-1.5 to the reasonableness of fees and Rule 1.4(b) to the explanation of service-level terms.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.5
• Rule 1.4(b)

See also

• Missouri Informal Op. 20000090: Upfront and contingent fee
• Missouri Informal Op. 2018-15: Advanced flat fees

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940181/

Original opinion text

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

QUESTION: Attorney proposes to establish a fee schedule based on the medical model. The fee would be a set amount for each type of service with different rates for each service depending on whether the service was “brief,” “intermediate´, or “extended.” ANSWER: Rule 4–1.5 does not prohibit such a fee schedule as long as the fees themselves are reasonable. Rule 1.4(b) requires that the meaning of the terms “brief,” etc. be adequately communicated to the clients.