Академический Документы
Профессиональный Документы
Культура Документы
17. IN THE ABSENCE OF ANY FEE ARRANGEMENT, WHAT FEE WOULD GOVERN?
Quantum Meruit it means as much as he deserves, and is used as the basis for determining the
lawyers professional fees in the absence of a contract, but recoverable by him from his client.
18. MAY A LAWYER SHARE HIS FEES WITH A NON-LAWYER? EXCEPTIONS? EXPLAIN.
A lawyer shall not divide fees with non-lawyers
Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services with persons not
licensed to practice law.
Exceptions:
1. Where there is a pre-existing
agreement with a partner or associate that, upon the latters death, money shall be paid over a
reasonable period of time to his estate or to persons specified in the agreement.
2. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer.
3. Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is
based in whole or in part, on profitsharing arrangement.
-The first two exceptions to the rule represent compensation for legal service rendered by the
deceased lawyer during his lifetime, which is paid to his estate or heirs.
-The third exception to the rule does not involve, strictly speaking, a division of legal fees with non-
lawyer employees. The retirement benefits in the form of pension represent additional deferred
wages or compensation for past services of the employees
- Impropriety arises where the effect of the arrangement is to make the estate or heir a member of the
partnership along with the surviving partners, or where the estate or heir is to receive a percentage of
fees that may be paid from future business of the deceased lawyers clients. Such fees no longer
represent compensation for past services of the deceased lawyer.
- An agreement between a union lawyer and a layman president of the union to divide equally the
attorneys fees that may be awarded in a labor case violates the rule
22. WHAT ARE DIRECT AND INDIRECT CONTEMPT? HOW AND ON WHAT GROUNDS
ARE THEY INSTITUTED?