Also to be considered, at every turn, is whether a particular fee practice costs us most dearly, in loss of our own professionalism and the public's estimation of us. Professionalism aside, lawyers suffer losses measured in money from unwise and improper fee practices. Losses also are incurred in lawyer time, reputation, and even livelihood when improper fee practices become the subject of civil litigation and of disciplinary proceedings. Good judgment and adherence to basic principles are essential to a healthy practice of law, but they are no longer sufficient. We lawyers work in an increasingly regulated and litigious environment, and we need to take account of the growing body of law on attorneys' fees.
Some fees are subject to a tribunal's approval or otherwise specifically regulated.
Within this broad universe, attorneys and clients may agree on fees that are hourly, contingent, mixed, based on units of work or rates blended among members of the firm, fixed, periodic, or calculated in any other fashion that is reasonable. The most important way to avoid losses of all sorts, including lost fees, is to do good work for good clients. Dishonest, cantankerous, or irresponsible clients will not be handled effectively through good law office management techniques or compliance with professional rules. Of course, some good clients cannot afford legal fees or can afford only reduced fees. They should be identified as such and they should still receive professional services.