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

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2 hour CLE
Tuition: $195.00
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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

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