What Can Lawyers Do When Clients Want Consideration Understated to Reduce Fees?
A recurring problem in practice is where a client asks a lawyer to reduce the consideration stated in an agreement so that the lawyer’s professional fee will also be lower. Some lawyers refuse because they consider it unethical and contrary to professional rules, but the client may simply move on to another lawyer who is willing to do it. The result is that the lawyer who insists on doing the right thing loses the brief and the income. The real issue is not whether lawyers should connive, but how ethical lawyers and the profession can respond to this problem in a practical way. What can lawyers do when faced with this kind of client pressure? How should such situations be handled without losing the client or compromising professional standards? Should there be better enforcement of remuneration rules and stricter consequences for undercutting? Can law firms adopt better client education, engagement terms, or fee structures to reduce this problem? What role should NBA branches and regulators play in protecting lawyers who comply with the rules?
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