Attorney Fee Agreement Discoverable: What You Need to Know
As an attorney, it is crucial to have a solid fee agreement in place with your clients. This document outlines the scope of your services, the fees you will charge, and any other relevant information that your client needs to be aware of before engaging your services. However, did you know that this agreement is also discoverable in legal proceedings?
What does “discoverable” mean? It means that the other party in a legal dispute can request to see the fee agreement during the discovery process. This process allows both parties to gather information from each other in preparation for a trial or settlement negotiations.
Why would someone want to see your fee agreement? There are a few reasons that can prompt someone to request your fee agreement during discovery. For example, if your client is in a dispute with someone else, the other party may want to know how much your client paid you for your services. This information can be used to establish a monetary value for damages or restitution.
Another reason someone may want to see your fee agreement is if they are considering hiring you as an attorney. By reviewing your fee agreement, they can get a sense of your rates and what services you offer.
So, what should you do to prepare for the possibility that someone may request to see your fee agreement? First and foremost, make sure your fee agreement is clear and comprehensive. Ensure that it outlines all the services you will provide and how you will be compensated for them. It is also a good idea to include language in the document that acknowledges that it may be discoverable in legal proceedings.
Additionally, you should be prepared to defend the terms of your fee agreement in court if necessary. This is where having a well-crafted agreement comes in handy. If you can demonstrate that your fees are reasonable and that your services were necessary and valuable to your client, it will be harder for the other party to argue against them.
In conclusion, as an attorney, your fee agreement is not just a document for outlining your services and payment terms. It is also potentially discoverable in legal proceedings. By creating a clear and comprehensive agreement and being prepared to defend it if necessary, you can ensure that your fees are protected and that you can continue to provide the best possible service to your clients.