Rule 1.5 Fees

(a) A lawyer shall not enter into an agreement for, charge or collect an illegal or clearly excessive fee or a clearly excessive amount for expenses.

(b) A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be considered as guides in determining the reasonableness of a fee include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer, lawyers, or LPs performing the services; and (8) whether the fee is fixed or contingent.

(c) A lawyer shall not enter into an arrangement for, charge or collect: (1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of spousal or child support or a property settlement; (2) a contingent fee for representing a defendant in a criminal case; or (3) a fee denominated as "earned on receipt," "nonrefundable," or similar terms. (4) a fee described as a “prepaid fee” or similar terms, unless it is pursuant to a written agreement signed by the client that explains (i) the nature of the fee arrangement and the scope of the services to be provided; (ii) the total amount of the fee and the terms of payment; (iii) that the fee will not be deposited into a lawyer trust account; (iv) that the client may terminate the services of the attorney at any time for any reason or no reason; and (v) that the client may be entitled to a refund of all or part of a fee if the services for which the fee was paid are not completed and how any such refund would be calculated.

(d) A division of a fee between lawyers, or lawyers and LPs, who are not in the same firm may be made only if: (1) the client gives informed consent to the fact that there will be a division of fees; (2) the total fee of the lawyers for all legal services they rendered the client is not clearly excessive; and (3) if the division of a fee is between a lawyer and an LP, the division is in proportion to the services performed by each lawyer and LP.

(e) Paragraph (d) does not prohibit payments to a lawyer or LP who is a former firm member pursuant to a separation or retirement agreement, or payments to a selling lawyer or LP for the sale of a law practice pursuant to Rule 1.17 or the equivalent LP Rule.