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Fee Agreements: The New Writing Requirement and Other Observations

Alexander R. (Alec) Rothrock, Ethics and Professional Responsibility in the New Millennium (2000)

Legal fee agreements are unique in the law of contracts. They are subject to the law of contracts but trumped by the law of legal ethics. Lawyers cannot contract around or away the rules of legal ethics, and even attempting to do so may have disciplinary ramifications. On the other hand, some lawyers are not aware of the contract law protection to which they are entitled within the rules of ethics. This article discusses various issues in the gray zone between the law of contracts and the law of legal ethics.