Multistate Professional Responsibility Exam Practice Question
A lawyer agrees to represent a client in a complex litigation case on a contingency fee basis, receiving 30% of any settlement or judgment obtained. Which of the following is the BEST consideration in determining whether this fee arrangement is ethical?
Whether the fee allows the lawyer to cover all operational expenses.
Whether the client has the financial means to pay a higher hourly rate if needed.
Whether the lawyer personally prefers contingency arrangements.
Whether the percentage is comparable to typical contingency fees for similar cases.
The reasonableness of the fee is determined by factors such as the complexity of the case, the amount of time and labor required, the experience of the lawyer, and the results obtained. A 30% contingency fee in complex litigation is generally considered reasonable, whereas excessively high or low fees may raise ethical concerns. Other options might address unrelated aspects such as the client's financial status or the lawyer's personal preference, which are not primary considerations in fee reasonableness.
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