How does Rule 1.5 dictate how lawyers must set their fees?

Rule 1.5 of the ABA Model Rules of Professional Conduct requires that a lawyer's fees must be reasonable and clearly communicated to the client. This provision serves several important purposes in the practice of law.

First, the requirement for reasonableness helps protect clients from excessive or unjustified fees by ensuring that the amount charged corresponds to the value of the services provided, the complexity of the matter, and the skill required. Factors such as the time and labor involved, the novelty and difficulty of the issues, and the lawyer’s experience are considered when determining what constitutes a reasonable fee.

Second, the obligation to communicate fees ensures that clients are fully aware of the costs before agreeing to the representation. Transparency in fee arrangements fosters trust and allows clients to make informed decisions regarding their legal representation. This communication can also encompass a discussion about how fees will be computed, any retainer requirements, and anticipated costs.

By mandating that fees be reasonable and communicated, Rule 1.5 aims to promote fairness in the attorney-client relationship and to uphold the profession's standards of integrity.