17.02. “Reasonableness” Standard [Rule 1.5]

A lawyer acts unethically if he charges a client too much.  In ethical terms the fee must not be “unreasonable.”[1]  To determine whether a fee in a particular matter is reasonable, Rule 1.5(a) sets out eight factors to consider.  Not every factor will be relevant to a particular representation.  A court (or disciplinary agency) will take each of these factors and determine whether they weigh in favor of a higher or lower fee.  An example of this is In re Fordham in the Readings. 

Lenny Lawyer represents Charlotte Client.  As part of their fee agreement, Charlotte agreed to pay for travel time. One day Lawyer is flying for four hours to a deposition in a case involving Charlotte.  The airplane is showing a movie that Lenny has seen before so he decides to work on a brief for another client (Charlie Client) during the four hour flight.  When Lenny returns home, he bills 4 hours to Charlotte for the travel time on the flight and 4 hours to Charlie for the time working on the brief on the plane.  Has Lenny acted unethically? [ABA Formal Opinion 93-379 (Dec. 6, 1993)]    

Yes.  The ABA Opinion gives the example above as well as a situation where there is a docket call for four clients in the same court on the same date.  In both situations, the lawyer would have to perform the work on behalf of all the clients – if he did not write the brief on the plane he would have to write it when he got back to the office.  Every client needed representation at the docket call.  However, the Opinion considers this double-billing and inappropriate unreasonable fee.  The lawyer would have to either bill one client the full four hours or split the time between the two clients.  Double-billing for the four hours would be charging an unreasonable fee.   

[1] ABA Rule 1.5(a).