The experience, reputation, and ability of the lawyer or lawyers performing the services. Whether the fee is fixed or contingent. Contractual provisions establishing attorney fees, while a factor to be considered, are not necessarily determinative of the question of reasonableness and cannot be relied upon to set an ethical standard. Thus, provisions in the underlying obligations pertaining to the amount of a fee do not justify an excessive fee. Occasionally, a statute prescribes the maximum attorney fees which may be assessed.
Any amount charged in excess of the statutory maximum is illegal and hence, unethical.
The purpose of payment of attorney fees by a purchaser at foreclosure sale, a redeeming debtor or a debtor who cures a default is to reimburse the creditor for its expenses incurred by the default. A purchaser at foreclosure sale, a redeeming debtor or junior lienor, or a debtor curing a default does not by virtue of the foreclosure proceeding become the client of the foreclosing attorney. The law does not contemplate that a lawyer should reap a windfall simply because the individual paying the fee is not his client. The expectation that a client will be reimbursed for attorney fees through redemption is not a proper factor to consider in determining a reasonable fee. It is unethical to enter into an agreement with the client whereby the fee will be increased if it is paid by the foreclosure-purchaser, the redeeming debtor or junior lienor, or a debtor curing a default.