10.36    Fees for legal services.

    • (a) A practitioner shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee.
    • (b) A fee is clearly excessive when, after a review of the facts, a practitioner of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be considered as guides 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 practitioner.
      • (3) The fee customarily charged 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 practitioner or practitioners performing the services.
      • (8) Whether the fee is fixed or contingent.

[Added 50 FR 5177, Feb. 6, 1985, effective Mar. 8, 1985]