http://myshingle.com/2007/11/articles/ethics-malpractice-issues/42-million-fee-inherently-unreasonable-that-depends-but-here-it-was/ Great Things Come in Small [Law] Practices! Thu, 10 May 2012 10:49:00 +0000 hourly 1 http://wordpress.org/?v=3.3.2 http://myshingle.com/2007/11/articles/ethics-malpractice-issues/42-million-fee-inherently-unreasonable-that-depends-but-here-it-was/#comment-2865 david giacalone Fri, 30 Nov 2007 08:23:58 +0000 http://174.120.83.8/~sh1ngl3/2007/11/articles/uncategorized/42-million-fee-inherently-unreasonable-that-depends-but-here-it-was/#comment-2865 Thanks for focusing on this important issue, Carolyn. For the record, I believe the lawyer's fiduciary duties to the client exist before any fee agreement is signed. And, a good standard for fairness is what the fee agreement would have looked like if a competent lawyer had negotiated it with the retained lawyers on behalf of the client. The arrangement in this case could never pass muster under that test. Thanks for focusing on this important issue, Carolyn. For the record, I believe the lawyer’s fiduciary duties to the client exist before any fee agreement is signed. And, a good standard for fairness is what the fee agreement would have looked like if a competent lawyer had negotiated it with the retained lawyers on behalf of the client. The arrangement in this case could never pass muster under that test.

]]>