Ethical Billing Practices
September 2005
Learn the statutory and ethics mandates controlling billing - and practical tips on how to comply with them.
Special Credit in "Special Credit -- Legal Ethics"
1. California Business and Professions Code sections 6146-6149.5 govern the billing requirements for attorneys. True False
2. All fee arrangements must be contained in a signed writing. True False
3. A written fee agreement is required for all engagements regardless of the amount of the services. True False
4. California Business and Professions Code section 6148 (b) enumerates the requirements of a billing statement. True False
5. Sample fee-agreement forms should not be altered or modified in any matter. True False
6. A writing is not required when an attorney must render services in an emergency or when a writing is otherwise impractical. True False
7. A client can waive the writing requirement of California Business and Professions Code section 6148. True False
8. California Rules of Professional Conduct, rule 4-200, prohibits charging an unreasonable fee. True False
9. An attorney may be disciplined for the mere attempt of charging an improper fee. True False
10. Failure to comply with California Business and Professions Code section 6148 renders a fee agreement void. True False
11. An attorney is permitted to increase his or her hourly rate, provided that the client is notified beforehand. True False
12. The public policy behind the statutory and ethics mandates is to protect clients. True False
13. Any limitations of the work to be performed by an attorney must be explicitly communicated to a client. True False
14. Padding a bill may result in both civil liability and criminal penalties. True False
15. “Block” billing violates California Business and Professions Code section 6148. True False
16. An attorney must provide the client with periodic billing statements. True False
17. An attorney is permitted to charge interest on costs and expenses so long as the interest rate is not “unconscionable.” True False
18. An attorney may include a reasonable allocation for overhead expenses directly associated with providing the service. True False
19. Extending credit to a client may require compliance with the federal Truth-in-Lending Act. True False
20. An “unconscionable” fee is equivalent to an “unreasonable” fee. True False
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