ER 1.5. Fees
Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: January 1, 2021 to December 31, 2022
Effective: January 1, 2021 to December 31, 2022
A.R.S. Sup.Ct.Rules, Rule 42, Rules of Prof.Conduct, ER 1.5
ER 1.5. Fees
(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated in writing before the fees or expenses to be billed at higher rates are actually incurred. The requirements of this subsection shall not apply to:
(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.
(3) a fee denominated as “earned upon receipt,” “nonrefundable” or in similar terms unless the client is simultaneously advised in writing that the client may nevertheless discharge the lawyer at any time and in that event may be entitled to a refund of all or part of the fee based upon the value of the representation pursuant to paragraph (a).
Amended June 9, 2003, effective Dec. 1, 2003; Sept. 1, 2011, effective Jan. 1, 2012. Amended on an emergency basis Dec. 5, 2012, effective Jan. 1, 2013, amendment adopted on a permanent basis Aug. 28, 2013. Amended Aug. 27, 2015, effective Jan. 1, 2016; Aug. 27, 2020, effective Jan. 1, 2021.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 42, Rules of Prof. Conduct, ER 1.5, AZ ST S CT RULE 42 RPC ER 1.5
State Court Rules are current with amendments received and effective through 11/1/22. The Code of Judicial Administration is current with amendments received through 11/1/22
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