Attorney-Client Fee Agreements - Bane or Panacea?

James was the moderator on a panel during the Fall National Legal Malpractice Conference where they spoke on the subject of "Attorney-Client Fee Agreements - Bane or Panacea?". The best practice to have a well drafted attorney-client fee agreement clearly defining who is (and is not) the client, setting forth the scope of the engagement, addressing fees to be charged, conflicts, document handling, and the course of action should a dispute arise. Often legal malpractice claims are brought by parties to whom the lawyers did not believe a duty was owed when there is no written agreement, or when there is a written agreement but some ambiguity in its terms. This panel addressed the risks and benefits of fee agreements when the attorney-client relationship deteriorates into litigation. Panelists with a range of perspectives discussed claims that could arise in the context of attorney-client fee agreements and related agreements (e.g., common interest agreements), including when written agreements may be helpful or harmful in defending against legal malpractice claims.