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Attorney fees are an incidental, generally necessary, but usually expensive cost of litigation, unless attorneys agree to provide representation voluntarily. The cost of representation is usually contractually arranged in advance, based on a cost per hour or a flat rate. Rule 1.5 of the American Bar Association's Model Rules of Professional Conduct provides guidance on the attorney-client relationship with regard to attorney fees. Individual state bar associations adopt local rules fees based upon the Model Rules. Rule 1.5 outlines factors for evaluating reasonableness of attorney fees, permits contingent fee arrangements except in divorce and criminal actions, and places limitations on the division of fees when attorneys from different firms represent the same client. This entry discusses the rules regarding who is responsible for paying attorney ...

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