Fees & Client Property
Professional Responsibility · Lesson 04
Fees & Client Property
這一課問的是：費用安排與客戶財產管理是否符合 MR 1.5 與 1.15？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Are the fee arrangement and handling of client property proper under MR 1.5 and 1.15?
這一課問的是：費用安排與客戶財產管理是否符合 MR 1.5 與 1.15？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
MR 1.5
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Fees must be reasonable.
費用合理。
reasonable fee factors
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Time, novelty, skill, customary fees, etc.
合理因素。
contingency fee
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Percentage of recovery; criminal/divorce prohibited.
成功報酬。
MR 1.15
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Safekeeping of client property.
保管客戶財產。
trust account
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IOLTA required for client funds.
信託帳戶。
commingling
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Lawyer may not mix client funds with personal.
混同。
prompt delivery
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Lawyer must promptly deliver client property.
及時交付。
Issue · what this lesson is really about
Are the fee arrangement and handling of client property proper under MR 1.5 and 1.15?
這一課問的是：費用安排與客戶財產管理是否符合 MR 1.5 與 1.15？
Trigger words & phrases that should flag this issue:
feesretainercontingencytrust accountproperty
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State MR 1.5 | Fees must be reasonable; eight factors include time, novelty, skill, customary fees, and lawyer's experience. | 費用合理；八要素。 |
| Apply contingency | Contingency fees must be in writing; prohibited in criminal cases and most domestic relations matters. | 成功報酬須書面；刑事與大部分家事禁止。 |
| State MR 1.15 | Client funds must be kept in trust account separate from lawyer's funds. | 客戶資金須分離於信託帳戶。 |
| Apply prompt delivery | Lawyer must promptly notify, deliver, and account. | 須及時通知、交付、會計。 |
Rule Sentence · the workhorse
Under MR 1.5, fees must be reasonable based on factors including time, novelty, skill, and customary fees; under MR 1.15, lawyers must safeguard client property by holding it in a separate trust account, providing prompt notification and accounting, and never commingling client funds with the lawyer's own.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人lawyer律師
Act 行為setting fees + handling property設定費用 + 處理財產
Object 對象fees and client funds費用與客戶資金
Standard 法律標準MR 1.5 + 1.15MR 1.5 + 1.15
Consequence 後果ethical compliance符合道德
Casebook Snapshot · a real American case
In re Fordham
Holding. A fee may be unreasonable even with the client's prior agreement, if it grossly exceeds reasonable customary fees for similar work; an inexperienced attorney's high hours-to-result ratio resulting in $50,000 fee for a routine DUI was unreasonable.
Why it matters. Fordham: fees can be unreasonable in retrospect; consent doesn't sanitize unreasonable rates.
Fordham：費用客觀不合理者，事前同意不救濟。
Common Mistakes · what trips students
✗ unreasonable fees automatically void。
✓ Lawyer may face discipline; fees reduced.
受懲戒；費用減少。
✗ commingling 即可如果 fair。
✓ Always prohibited.
始終禁止。
Mini IRAC · build the Application
Issue. May lawyer L use client C's $50,000 settlement funds (held in L's trust account) to pay L's office rent while waiting for C to pick them up?
Rule. MR 1.15 requires lawyers to safeguard client funds in a separate trust account; lawyers may not commingle client funds with their own or use them for any purpose other than holding for the client.
Application (model). L proposes to use C's funds in the trust account for office rent. Because MR 1.15 absolutely prohibits using client trust funds for the lawyer's own purposes — including borrowing or commingling — the fact that L would be using the trust funds for personal/business purposes means L would violate MR 1.15.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, L cannot use the funds; this would be a serious ethical violation, likely warranting suspension or disbarment.
MBE Check · multiple choice
L charges a 33% contingency fee in a criminal defense matter. Permissible?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: