This page contains a Flash digital edition of a book.
The Attorney's Office Tools


circumstances. In essence, using that provision requires informing the client that the usual and customary practice (and that prescribed by our highest court) is to escrow unearned fees until earned in order to protect the client if the lawyer for any reason, is unable to perform. Te lawyer must then explain (“informed consent” confirmed in writing (MRPC 1.0)) why THIS instance is different.


Even if not required, when is a retainer agreement recommended?


Why one might ask, would a diligent lawyer not put


all fee agreements in writing? Te benefit, of course, is that should the relationship dissolve in a less than amicable manner, the lawyer’s understanding of the fee agreement will not be subject to challenge. Tere are few, if any, valid reasons, for failing to outline, in writing, the scope of services to be provided and the basis or rate of the fee to be charged, even when a non-contingency fee agreement has been reached, and even when one represents a client on a regular basis (where an abbreviated form of agreement may be appropriate). Retainer agreements are one of a lawyer’s best possible


tools to define the limits of the lawyer’s obligations and to keep the client fully informed of his/her obligations to the relationship. Not only does a well prepared retainer


agreement set forth the fee to be charged, including the client’s responsibility for expenses and the manner in which expenses will be calculated, but it should also outline what services the lawyer will provide and which services the lawyer will not provide, as they can be contemplated at the outset of the relationship. MRPC 1.2(c) provides that “a lawyer may limit the scope


of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.” One of the most effective means of ensuring that the client is aware of, and has given, informed consent for the limitation of the services to be provided is to define those limits in the retainer letter. If you are retained to contemplate or file suit, will you


also handle the appeal? Are there criminal, administrative, or domestic aspects of the claim foreseeable that you are not comfortable or competent to handle? Are there parties who may potentially become involved that may create a conflict of interest that must be addressed or which the client must be advised that you will not or cannot litigate against? Are you only representing the client in a particular capacity, i.e. as trustee, Personal Representative, Guardian, officer or director of a corporate entity? Has the client asked you to consider taking action that you believe is either too costly for the


THE MOST DIRECT WAY TO GET


WORKERS’ COMPENSATION PRESCRIPTIONS TO THE INJURED WORKER


We’re IWP – a national patient-advocate pharmacy that provides medications to injured workers. We help ensure they’ll get the prescription care they need, whether their claim is disputed or not. We ship right to the patient’s door even during litigation and the insurance company pays us.


There are no out-of-pocket expenses for the patient, physician or attorney on approved claims. We help reduce the time and energy spent on prescriptions and paperwork, while making sure injured workers receive the care they deserve. To learn more, call us at 888-321-7945.


Watch our video at IWPharmacy.com to learn more about how IWP assists injured workers and all those who support them. 08-IWP-106_Half_Pg_Gavel_Ad.indd 2 22 Trial Reporter / Spring 2010


VERSION: 1 BLEED: —


12/3/08 2:11:13 PM


PROGRAM:


DATE: 11/25/08 InDesign


JOB: 08-IWP-106 TRAFFIC: Vanessa G.


Ryan Lee


BY SIGNING YOUR INITIALS BELOW, YOU ARE STATING THAT YOU HAVE READ AND APPROVED THIS WORK.


77 North Washington Boston MA 02114


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76