BOARD OPINION 2024-03 [Issued April 5, 2024]
Propriety of Fee Agreement Permitting Conversion from an Hourly Rate to a Contingent Fee
SYLLABUS: It is improper for a lawyer to enter into a fee agreement where the client agrees to pay an hourly rate until settlement or collection of judgment at which time the lawyer may choose between charging the hourly fee or receiving a total fee equal to a percentage of the settlement or judgment depending upon whichever results in the larger fee to the lawyer.
There’s nothing new about this Board Opinion IMO, it largely reiterates under the current ORPC the same conclusion the Board reached long ago under the former Code.
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