Legal Question in Business Law in Virginia

Re: Proposals

Any services by the attorney are governed by the Rules of Professional Conduct that state the following:

Rule 1.5 Fees

(a) A lawyer�s fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following:

(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;

(3) the fee customarily charged in the locality for similar legal services;

(4) the amount involved and the results obtained;

(5) the time limitations imposed by the client or by the circumstances;

(6) the nature and length of the professional relationship with the client;

(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and

(8) whether the fee is fixed or contingent.

(b) The lawyer�s fee shall be adequately explained to the client. When the lawyer has not regularly represented the client, the amount, basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.

(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall state in writing the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.

If the contract was rescinded or terminated prior to performance of the services, than it probably is not reasonable to collect. But, if it was terminated after performance of at least part of the services, then there is some possibility of recovering a reasonable portion so long as the legal services were in the best interest of the client.

And, probably the best contact to help answer this is the VA State Bar. The web site is www.vsb.org.

Good luck,

Bambi

Re: Proposals

Any services by the attorney are governed by the Rules of Professional Conduct that state the following:

Rule 1.5 Fees

(a) A lawyer�s fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following:

(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;

(3) the fee customarily charged in the locality for similar legal services;

(4) the amount involved and the results obtained;

(5) the time limitations imposed by the client or by the circumstances;

(6) the nature and length of the professional relationship with the client;

(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and

(8) whether the fee is fixed or contingent.

(b) The lawyer�s fee shall be adequately explained to the client. When the lawyer has not regularly represented the client, the amount, basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.

(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall state in writing the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.

If the contract was rescinded or terminated prior to performance of the services, than it probably is not reasonable to collect. But, if it was terminated after performance of at least part of the services, then there is some possibility of recovering a reasonable portion so long as the legal services were in the best interest of the client.

And, probably the best contact to help answer this is the VA State Bar. The web site is www.vsb.org.

Good luck,

Bambi

Re: Proposals

I really do not understand your question.

What is the proposal about? Is it a proposal for legal services from an attorney? Or the subject of the Warrant in Debt? How was it reneged upon?

Who is asking for the legal fees? The client's attorney, or the opponent?

Are these the legal fees of the client in your question or the legal fees of the opposing party?

If a person or a business files a Warrant in Debt to collect a debt from you, they CANNOT get attorneys fees from you unless the contract says so explicitly. (But read it carefully.) There may be exceptions if the court believs that the lawsuit was frivolous.