Best Ethical Practices for Getting Paid: From fee agreements to case closure

Scott D. Cahalan
Scott D. Cahalan | Smith, Gambrell and Russell, LLP

On-Demand: September 19, 2024

2 hour CLE

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Program Summary

“Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system and to the lawyer's own interest.” Section [9] of the Preamble to the Model Rules of Professional Ethics.

Nowhere is this conflict more apparent than when payment issues arise between a lawyer and his or her client, which have become commonplace in recent years as billing rates have soared, pressures for higher compensation have mounted, and realization rates have dropped.

This live webinar is aimed at educating and informing lawyers of best practices to getting paid while avoiding the oftentimes thorny ethical and professional issues that affect the payment process in connection with the ABA model rules and more. This course will explore best ethical practices for communicating with clients about payment expectations, and for drafting better fee agreements, time entries, and invoices that promote payment. This course will also look at best practices a lawyer can use to collect on past-due bills, without violating the applicable ethical rules. This webinar is critical for all lawyers who want to get paid for their services, from managing and supervising partners to new lawyers learning how to bill time. It’s never too late or too early to learn best ethical billing practices.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • The Basics
  • Engagement Letter
  • Billing Practices
  • Failure of Payment
  • Rule 1.4 Communications with Client
  • Rule 1.5 Fees
  • Rule 1.6 Confidentiality
  • Rule 1.7 Conflict of Interest Current Client
  • Rule 1.8 Conflict of Interest Current Client: Specific rules
  • Rule 1.9 Conflict of Interest Former Client
  • Rule 5.1 Responsibilities of Partners
  • Rule 5.2 Responsibilities of Subordinate Lawyer
  • Overcome

Closed-captioning available

Speakers

Scott D. Cahalan_FedBarScott D. Cahalan | Smith, Gambrell and Russell, LLP

  • Partner in the construction law and litigation section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
  • Part-time instructor of Design and Construction law and Real Estate Development Law at the Georgia Institute of Technology
  • General counsel to the Georgia Utility Contractor’s Association
  • Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
  • Frequent author and lecturer
  • Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
  • J.D., cum laude, from University of Georgia, and B.S. in Construction Engineering from Iowa State University
  • Contact information [email protected], [email protected], and (404) 815-3711

Agenda

I. The Basics | 11:00am – 11:10am

  • Importance
  • Learning objectives
  • Over-arching ethical concerns

II. Engagement Letter | 11:10am – 11:20 am

  • Fees and expenses
  • Retainers
  • Payment terms
  • Updating and changing

III. Billing Practices | 11:20am – 11:30am

  • Time entries
  • Responsibilities of partners and supervisors
  • Trust accounts
  • Case closure and final bills

IV. Failure of Payment | 11:30am – 11:40am

  • Stopping work
  • Terminating representation
  • Collection efforts
  • Resolving fee disputes

V. Rule 1.4 Communications with Client | 11:40am – 11:50am

VI. Rule 1.5 Fees | 11:50am – 12:00pm

Break | 12:00pm – 12:10pm

VII. Rule 1.6 Confidentiality | 12:10pm – 12:15pm

VIII. Rule 1.7 Conflict of Interest Current Client | 12:15pm – 12:25pm

IX. Rule 1.8 Conflict of Interest Current Client: Specific rules | 12:25pm – 12:35pm

X. Rule 1.9 Conflict of Interest Former Client | 12:35pm – 12:45pm

XI. Rule 5.1 Responsibilities of Partners | 12:45pm – 12:55pm

XII. Rule 5.2 Responsibilities of Subordinate Lawyer | 12:55pm – 1:05pm

XIII. Outcome | 1:05pm – 1:10pm

Credits

Alaska

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 Ethics

Arkansas

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 Ethics

California

Approved for CLE Credits
2 Ethics

Colorado

Pending CLE Approval
2 Ethics

Connecticut

Approved for CLE Credits
2 Ethics

District of Columbia

No MCLE Required
2 Ethics hours

Delaware

Pending CLE Approval
2 Ethics

Florida

Approved for CLE Credits
2.5 Ethics

Georgia

Approved for CLE Credits
2 Ethics

Hawaii

Approved for CLE Credits
2 Ethics

Iowa

Pending CLE Approval
2 Ethics

Idaho

Pending CLE Approval
2 Ethics

Illinois

Approved for Self-Study Credits
2 Ethics

Indiana

Approved for Self-Study Credits
2 Ethics

Kansas

Pending CLE Approval
2 Ethics

Kentucky

Pending CLE Approval
2 Ethics

Louisiana

Pending CLE Approval
2 Ethics

Massachusetts

No MCLE Required
2 Ethics hours

Maryland

No MCLE Required
2 Ethics hours

Maine

Pending CLE Approval
2 Ethics

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
2 Ethics hours

Minnesota

Approved for Self-Study Credits
2 Ethics

Missouri

Approved for Self-Study Credits
2.4 Ethics

Mississippi

Pending CLE Approval
2 Ethics

Montana

Pending CLE Approval
2 Ethics

North Carolina

Pending CLE Approval
2 Ethics

North Dakota

Approved for CLE Credits
2 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 Ethics

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 Ethics

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 Ethics

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 Ethics

Nevada

Approved for Self-Study Credits
2 Ethics

New York

Approved for CLE Credits
2.4 Ethics

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 Professionalism

Oklahoma

Pending CLE Approval
2.5 Ethics

Oregon

Pending CLE Approval
2 Ethics

Pennsylvania

Approved for Self-Study Credits
2 Ethics

Rhode Island

Pending CLE Approval
2.5 Ethics

South Carolina

Pending CLE Approval
2 Ethics

South Dakota

No MCLE Required
2 Ethics hours

Tennessee

Approved for Self-Study Credits
2 Ethics

Texas

Approved for CLE Credits
2 Ethics

Utah

Pending CLE Approval
2 Ethics

Virginia

Not Eligible
2 Ethics hours Hours

Virginia

Not Eligible
2 Ethics Hours

Vermont

Approved for CLE Credits
2 Ethics

Washington

Approved for Self-Study Credits
2 Ethics

Wisconsin

Approved for Self-Study Credits
2 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
2.4 Ethics

Wyoming

Pending CLE Approval
2 Ethics

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