Can I charge a client for the court filing and service costs of a Criminal Injury Compensation Fund claim, and can I stop working if the client won't pay them?

Plain-English summary

The inquiring attorney asked two questions. The first is whether an attorney is permitted to charge a client the costs associated with filing a claim under the Criminal Injury Compensation Fund against the state, such as court filing fees and service-of-process costs. The second is whether an attorney can refuse to take further action for a client when the client fails to uphold the agreement to pay those costs.

The panel declined to answer the first question about the propriety of charging a client for filing costs, because it would require resolving questions of substantive law outside the area of legal ethics and discipline. To avoid a problem, it advised that the attorney should have the proposed fee agreement in writing, stating the method by which the fee is to be determined.

On the second inquiry, the panel said that in the absence of a retainer agreement, the attorney does not have to file the complaint in court on behalf of the client, as long as the attorney is not deemed to have already entered into a written agreement with the client stating that the claim will be filed.

In practice

Under this opinion, whether a lawyer may pass Criminal Injury Compensation Fund filing costs to a client is a substantive-law question the panel would not resolve; the panel's ethics guidance is that the fee arrangement should be put in a written agreement stating how the fee is determined. On the follow-up, the opinion holds that without a retainer agreement (and absent a prior written agreement to file), the attorney has no obligation to file the complaint if the client does not pay the agreed costs.

Common questions

Q: Can I charge my client for the filing and service costs of the claim?

A: Per the opinion, the panel declined to answer that, because it turns on substantive law outside legal ethics; it advised putting the fee agreement in writing.

Q: Should the fee arrangement be in writing?

A: Per the opinion, yes; the attorney should have the proposed fee agreement in writing stating the method by which the fee is to be determined.

Q: Do I have to file the complaint if the client won't pay the costs?

A: Per the opinion, absent a retainer agreement, the attorney does not have to file the complaint, as long as the attorney is not deemed to have already agreed in writing to file the claim.

Background and rules framework

The panel addressed the fee arrangement under the principles of Rule 1.5 (fees), advising a written agreement stating how the fee is determined, while declining the cost-charging question as substantive law. On the duty to file, it turned on whether a retainer or prior written agreement to file exists.

Citations and references

Rules of Professional Conduct:

• MR 1.5 (fees; written fee agreements)
• RI RPC 1.5

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 92-85: Collecting a Contingent Fee Requires a Written Agreement
• RI EAP Op. 92-43: No Fee Suit Against a Client Until the Representation Is Concluded
• RI EAP Op. 91-80: Representation Ends When the Client Appeals Pro Se

Currency note

This opinion was issued in early 1993 (Opinion 93-05, issued March 15, 1993), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.5 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which amended Rule 1.5 (fees). 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 mentioned here.

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2093-05.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

ETHICS ADVISORY PANEL
Opinion 93-5, Request #335
Issued March 15, 1993

An attorney seeks Panel advice with regard to the following questions. The first question is whether an attorney is permitted to charge a client costs associated with filing a claim under the Criminal Injury Compensation Fund against the state such as court filing fees and service of process costs. The second question is whether an attorney can refuse to take further action for a client when the client fails to uphold the agreement to pay for the costs described above.

The Panel declines to answer the first question regarding the propriety of charging a client for costs associated with filing a claim because it would require resolutions of questions concerning substantive law outside the area of legal ethics and discipline. To avoid a problem it is advised that the attorney should have the proposed fee agreement in writing which should state the method by which the fee is to be determined.

With regard to the second inquiry, with the absence of a retainer agreement the attorney does not have to file the complaint in court on behalf of the client as long as the attorney is not deemed to have already entered into a written agreement with the client stating that the claim will be filed.