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Fee Agreement Forms Manual

This is the best book available on fee agreements. It helps you prepare those all-essential fee agreements for new and returning clients, and it contains all the clauses you might need for a valid, enforceable fee agreement.

This is the best book available on fee agreements. It helps you prepare those all-essential fee agreements for new and returning clients, and it contains all the clauses you might need for a valid, enforceable fee agreement.

  • Discusses ethical issues, including liability insurance disclosure requirements
  • Specifies legal requirements, including relevant statutes and Rules of Court
  • Identifies potential client taxation issues
  • Provides sample forms with commentary for all practice areas
  • Provisions for fixed, hourly & contingency fee agreements, as well as limited scope representation
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This is the best book available on fee agreements. It helps you prepare those all-essential fee agreements for new and returning clients, and it contains all the clauses you might need for a valid, enforceable fee agreement.

  • Discusses ethical issues, including liability insurance disclosure requirements
  • Specifies legal requirements, including relevant statutes and Rules of Court
  • Identifies potential client taxation issues
  • Provides sample forms with commentary for all practice areas
  • Provisions for fixed, hourly & contingency fee agreements, as well as limited scope representation

1

Fee Agreement—Sample Provisions and Commentary

  • I. SCOPE OF THIS BOOK §1.1
  • II. SCOPE OF THIS CHAPTER §1.2
  • III. BASIC CONSIDERATIONS
    • A. Fee Agreements Are Contracts §1.3
    • B. Different Types of Fee Agreements: Traditional and Alternative Models §1.4
    • C. Fee Agreements Are Subject to Statutory Requirements
      • 1. Contingent Fee Agreements §1.5
      • 2. Noncontingent Fee Agreements §1.6
      • 3. Some Fees Are Set by Statute §1.7
      • 4. Fees May Be Subject to Court Approval §1.8
    • D. Fee Agreements Are Subject to Ethical Requirements §1.9
      • 1. No Unconscionable or Illegal Fee §1.10
      • 2. Fee Negotiations Generally at Arm's Length §1.11
      • 3. Acquiring Ownership or Other Pecuniary Interest Adverse to Client §1.12
    • E. All Fee Agreements Should Be in Writing
      • 1. Risks of Unwritten Agreement §1.13
      • 2. Benefits of Written Agreement §1.14
    • IV. SAMPLE PROVISIONS AND COMMENTARY
      • A. Form: Identification of Parties §1.15
      • B. Form: Payment of Attorney Fees by Third Party in Noncontingent Fee Matter §1.16
      • C. Form: Retention of Law Firm Rather Than Particular Attorney §1.17
      • D. Form: Delegation of Attorney Services §1.18
      • E. Form: Authorized Representative of Client §1.19
      • F. Form: Legal Services to Be Provided §1.20
      • G. Form: Legal Services Specifically Excluded §1.21
      • H. Form: Responsibilities of Attorney and Client §1.22
      • I. Attorney Fees
        • 1. Form: Hourly Fee §1.23
        • 2. Form: Additional Fee Based on Results §1.24
        • 3. Form: Fixed Fee §1.25
        • 4. Form: Contingent Fee §1.26
        • 5. Form: Sample Hybrid Fixed and Contigency Fee Arrangement Letter §1.26A
        • 6. Form: Division of Attorney Fees §1.27
      • J. Costs
        • 1. Form: When Agreement Provides Hourly or Fixed Fee §1.28
        • 2. Form: When Agreement Provides Contingent Fee §1.29
      • K. Deposit
        • 1. Form: Deposit for Fees and/or Costs §1.30
        • 2. Form: Additional Deposits §1.31
        • 3. Form: Retainer Provision §1.32
      • L. Form: Statements and Payments §1.33
      • M. Form: Multiple Clients: Confidentiality and Conflict §1.34
      • N. Form: Representation of Adverse Interests §1.35
      • O. Form: Payment of Attorney Fees Under Fee-Shifting Statute, Agreement, or Court Order §1.36
      • P. Form: Settlement §1.37
      • Q. Form: Attorney's Lien §1.38
      • R. Form: Discharge of Attorney §1.39
      • S. Form: Withdrawal of Attorney §1.40
      • T. Form: Release, Retention, and Disposition of Client's Papers and Property §1.41
      • U. Form: Disclaimer of Guaranty §1.42
      • V. Form: Entire Agreement §1.43
      • W. Form: Severability in Event of Partial Invalidity §1.44
      • X. Form: Modification by Subsequent Agreement §1.45
      • Y. Arbitration
        • 1. Form: Client May Elect Fee Arbitration §1.46
        • 2. Form: Mandatory Nonbinding Fee Arbitration Through State or Local Bar §1.47
        • 3. Form: Agreement to Arbitrate Malpractice Dispute §1.48
        • 4. Form: Agreement to Arbitrate All Disputes (Including Fee and Malpractice Disputes) §1.49
        • 5. Form: Agreement to Mediate Dispute §1.50
      • Z. Form: Attorney Fees and Costs in Action on Agreement §1.51
      • AA. Form: Professional Liability Insurance Disclosure §1.51A
      • BB. Form: Governing Law §1.52
      • CC. Form: Effective Date of Agreement §1.53
      • DD. Form: Signatures and Dates §1.54

2

Business Law—Sample Fee Agreements and Conflicts Letter

  • I. Scope of Chapter §2.1
  • II. FORM: SAMPLE FEE AGREEMENT FOR CORPORATE LEGAL SERVICES §2.2
  • III. FORM: SAMPLE FEE AGREEMENT FOR FORMING A CALIFORNIA LIMITED LIABILITY CORPORATION §2.3
  • IV. FORM: SAMPLE FEE AGREEMENT FOR FORMING A CALIFORNIA CORPORATION §2.4
  • V. FORM: SAMPLE CONFLICTS LETTER AND WRITTEN CONSENT §2.5

3

Civil Litigation—Sample Fee Agreement and Consent to Fee-Splitting

  • I. SCOPE OF CHAPTER §3.1
  • II. FORM: SAMPLE FEE AGREEMENT BASED ON HOURLY RATE FOR CIVIL LITIGATION §3.2
  • III. FORM: SAMPLE DISCLOSURE AND CONSENT ON FEE-SPLITTING §3.3

4

Consumer Chapter 7 Bankruptcy—Sample Fee Agreement with Exhibits

  • I. SCOPE OF CHAPTER §4.1
  • II. CONSUMER CHAPTER 7 BANKRUPTCY
    • A. Form: Sample Fee Agreement for Legal Services in Chapter 7 Bankruptcy Case §4.2
    • B. Form: Exhibit A to Sample Fee Agreement for Legal Services in Chapter 7 Bankruptcy Case §4.3
    • C. Form: Exhibit B to Sample Fee Agreement for Legal Services in Chapter 7 Bankruptcy Case §4.4
    • D. Form: Exhibit C to Sample Fee Agreement for Legal Services in Chapter 7 Bankruptcy Case §4.5

5

Criminal Defense—Sample Fee Agreement and Substitution of Counsel Letter

  • I. SCOPE OF CHAPTER §5.1
  • II. FORM: SAMPLE CRIMINAL DEFENSE Legal Fee Agreement §5.2
  • III. FORM: SAMPLE LETTER NOTIFYING DEFENSE COUNSEL OF SUBSTITUTION OF COUNSEL AND AUTHORIZING RELEASE OF INFORMATION §5.3

6

Debt Collection—Sample Fee Agreements

  • I. SCOPE OF CHAPTER §6.1
  • II. FORM: SAMPLE DEBT COLLECTION CONTINGENT FEE AGREEMENT WITH NONCONTINGENT RETAINER §6.2
  • III. FORM: SAMPLE DEBT COLLECTION HOURLY FEE AGREEMENT §6.3

7

Elder Law Litigation—Sample Fee Agreement

  • I. SCOPE OF CHAPTER §7.1
  • II. FORM: SAMPLE FEE AGREEMENT FOR LITIGATION AGAINST HEALTH CARE FACILITY §7.2

8

Estate Planning—Sample Fee Agreement

  • I. SCOPE OF CHAPTER §8.1
  • II. FORM: SAMPLE INITIAL FEE AGREEMENT FOR ESTATE PLAN FOR USE WITH MARRIED COUPLE §8.2

9

Limited Scope Representation—Sample Fee Agreements and Checklists

  • I. SCOPE OF CHAPTER §9.1
  • II. LIMITED SCOPE REPRESENTATION
    • A. Dividing Tasks or Issues Between Attorney and Client §9.2
    • B. Recognizing Legal and Ethical Responsibilities §9.3
  • III. SAMPLE FORMS: FAMILY LAW MATTERS
    • A. Form: Sample Fee Agreement—Single Consultation Agreement §9.4
    • B. Form: Sample Fee Agreement—Consultation Agreement §9.5
    • C. Form: Sample Fee Agreement—Ongoing Consultation Agreement §9.6
    • D. Form: Sample Fee Agreement—Court Appearance §9.7
    • E. Form: Sample Change in Scope Letter §9.8
    • F. Checklist: Tasks to Be Apportioned (Use as Attachment to Limited Scope Fee Agreement) §9.9
    • G. Checklist: Issues to Be Apportioned (Use as Attachment to Limited Scope Fee Agreement) §9.10
  • IV. SAMPLE FORMS: GENERAL CIVIL MATTERS
    • A. Form: Sample Fee Agreement—Single Consultation Agreement §9.11
    • B. Form: Sample Fee Agreement—Consulting Services Agreement §9.12
    • C. Form: Sample Fee Agreement—Ongoing Consulting Agreement §9.13
    • D. Form: Sample Fee Agreement—Limited Representation Including Court Appearance §9.14
    • E. Form: Sample Change in Scope Letter §9.15
    • F. Checklist: Tasks to Be Apportioned (Use as Attachment to Limited Scope Fee Agreement) §9.16
    • G. Checklist: Tickler (Keep on Top of File) §9.17

10

Marital Dissolution—Sample Fee Agreements

  • I. SCOPE OF CHAPTER §10.1
  • II. FORM: SAMPLE ATTORNEY FEE AGREEMENT—LETTER STYLE §10.2
  • III. FORM: SAMPLE FEE AGREEMENT FOR SERVICES WITH CLIENT ENGAGED IN MEDIATION OF DISSOLUTION ISSUES §10.3

11

Medical Malpractice—Sample Fee Agreement

  • I. SCOPE OF CHAPTER §11.1
  • II. FORM: SAMPLE CONTINGENT FEE AGREEMENT FOR MEDICAL MALPRACTICE ACTION §11.2

12

Personal Injury—Sample Fee Agreement and Health Care Provider Lien Agreement

  • I. SCOPE OF CHAPTER §12.1
  • II. FORM: SAMPLE CONTINGENT FEE AGREEMENT §12.2
  • III. FORM: SAMPLE HEALTH CARE PROVIDER-PATIENT-ATTORNEY LIEN AGREEMENT §12.3

13

Probate—Sample Fee Agreements

  • I. SCOPE OF CHAPTER §13.1
  • II. FORM: SAMPLE PROBATE FEE AGREEMENT §13.2
  • III. FORM: SAMPLE VARIABLE CONTINGENT FEE AGREEMENT—WILL AND TRUST CONTEST §13.3

14

Unlawful Detainer—Sample Fee Agreement

  • I. SCOPE OF CHAPTER §14.1
  • II. FORM: SAMPLE UNLAWFUL DETAINER FEE AGREEMENT—PRIVATE PRACTITIONER §14.2

15

Wrongful Termination—Sample Fee Agreement

  • I. SCOPE OF CHAPTER §15.1
  • II. FORM: SAMPLE ATTORNEY FEE AGREEMENT §15.2

16

Completion of Representation Letter and Nonengagement Letter

  • I. SCOPE OF CHAPTER §16.1
  • II. FORM: SAMPLE COMPLETION OF REPRESENTATION LETTER §16.2
  • III. FORM: SAMPLE NONENGAGEMENT LETTER §16.3

17

Statutes and Rules

  • I. SCOPE OF CHAPTER §17.1
  • II. FEE AGREEMENTS STATUTES (Bus & P C §§6146–6149.5)
    • A. Bus & P C §6146 §17.2
    • B. Bus & P C §6147 §17.3
    • C. Bus & P C §6147.5 §17.4
    • D. Bus & P C §6148 §17.5
    • E. Bus & P C §6149 §17.6
    • F. Bus & P C §6149.5 §17.7
  • III. FEE ARBITRATION STATUTES (BUS & P C §§6200–6206)
    • A. Bus & P C §6200 §17.8
    • B. Bus & P C §6201 §17.9
    • C. Bus & P C §6202 §17.10
    • D. Bus & P C §6203 §17.11
    • E. Bus & P C §6204 §17.12
    • F. Bus & P C §6204.5 §17.13
    • G. Bus & P C §6206 §17.14
  • IV. SELECTED CALIFORNIA RULES OF PROFESSIONAL CONDUCT
    • A. Proposed California Rules of Professional Responsibility §17.14A
    • B. Rule 1–320. Financial Arrangements With Non-Lawyers §17.15
    • C. Rule 2–200. Financial Arrangements Among Lawyers §17.16
    • D. Rule 3–300. Avoiding Interests Adverse to a Client §17.17
    • E. Rule 3–310. Avoiding the Representation of Adverse Interests §17.18
    • F. Rule 3–400. Limiting Liability to Client §17.19
    • G. Rule 3–410. Disclosure of Professional Liability Insurance §17.20
    • H. Rule 3–500. Communication §17.21
    • I. Rule 3–510. Communication of Settlement Offer §17.22
    • J. Rule 3–700. Termination of Employment §17.23
    • K. Rule 4–100. Preserving Identity of Funds and Property of a Client §17.24
    • L. Rule 4–200. Fees for Legal Services §17.25
    • M. Rule 4–210. Payment of Personal or Business Expenses Incurred by or for a Client §17.26
  • V. SAMPLE FORMS AVAILABLE FROM THE STATE BAR §17.27

 

FEE AGREEMENT FORMS MANUAL

(2d ed Cal CEB 2007)

October 2017

 

TABLE OF CONTENTS

 

File Name

Book Section

Title

CH01

Chapter 1

FEE AGREEMENT—SAMPLE PROVISIONS AND COMMENTARY

01-015

§1.15

Identification of Parties

01-016

§1.16

Payment of Attorney Fees by Third Party in Noncontingent Fee Matter

01-017

§1.17

Retention of Law Firm Rather Than Particular Attorney

01-018

§1.18

Delegation of Attorney Services

01-019

§1.19

Authorized Representative of Client

01-020

§1.20

Legal Services to Be Provided

01-021

§1.21

Legal Services Specifically Excluded

01-022

§1.22

Responsibilities of Attorney and Client

01-023

§1.23

Hourly Fee

01-024

§1.24

Additional Fee Based on Results

01-025

§1.25

Fixed Fee

01-026

§1.26

Contingent Fee

01-027

§1.27

Division of Attorney Fees

01-028

§1.28

When Agreement Provides Hourly or Fixed Fee

01-029

§1.29

When Agreement Provides Contingent Fee

01-030

§1.30

Deposit for Fees and/or Costs

01-031

§1.31

Additional Deposits

01-032

§1.32

Retainer Provision

01-033

§1.33

Statements and Payments

01-034

§1.34

Multiple Clients: Confidentiality and Conflict

01-035

§1.35

Representation of Adverse Interests

01-036

§1.36

Payment of Attorney Fees Under Fee-Shifting Statute, Agreement, or Court Order

01-037

§1.37

Settlement

01-038

§1.38

Attorney’s Lien

01-039

§1.39

Discharge of Attorney

01-040

§1.40

Withdrawal of Attorney

01-041

§1.41

Release, Retention, and Disposition of Client’s Papers and Property

01-042

§1.42

Disclaimer of Guaranty

01-043

§1.43

Entire Agreement

01-044

§1.44

Severability in Event of Partial Invalidity

01-045

§1.45

Modification by Subsequent Agreement

01-046

§1.46

Client May Elect Fee Arbitration

01-047

§1.47

Mandatory Nonbinding Fee Arbitration Through State or Local Bar

01-048

§1.48

Agreement to Arbitrate Malpractice Dispute

01-049

§1.49

Agreement to Arbitrate All Disputes (Including Fee and Malpractice Disputes)

01-050

§1.50

Agreement to Mediate Dispute

01-051

§1.51

Attorney Fees and Costs in Action on Agreement

01-051A

§1.51A

Professional Liability Insurance Disclosure

01-052

§1.52

Governing Law

01-053

§1.53

Effective Date of Agreement

01-054

§1.54

Signatures and Dates

CH02

Chapter 2

BUSINESS LAW—SAMPLE FEE AGREEMENTS AND CONFLICTS LETTER

02-002

§2.2

SAMPLE FEE AGREEMENT FOR CORPORATE LEGAL SERVICES

02-003

§2.3

SAMPLE FEE AGREEMENT FOR FORMING A CALIFORNIA LIMITED LIABILITY CORPORATION

02-004

§2.4

SAMPLE FEE AGREEMENT FOR FORMING A CALIFORNIA CORPORATION

02-005

§2.5

SAMPLE CONFLICTS LETTER AND WRITTEN CONSENT

CH03

Chapter 3

CIVIL LITIGATION—SAMPLE FEE AGREEMENT AND CONSENT TO FEE-SPLITTING

03-002

§3.2

SAMPLE FEE AGREEMENT BASED ON HOURLY RATE FOR CIVIL LITIGATION

03-003

§3.3

SAMPLE DISCLOSURE AND CONSENT ON FEE-SPLITTING

CH04

Chapter 4

CONSUMER CHAPTER 7 BANKRUPTCY—SAMPLE FEE AGREEMENT WITH EXHIBITS

04-002

§4.2

Sample Fee Agreement for Legal Services in Chapter 7 Bankruptcy Case

04-003

§4.3

Exhibit A to Sample Fee Agreement for Legal Services in Chapter 7 Bankruptcy Case

04-004

§4.4

Exhibit B to Sample Fee Agreement for Legal Services in Chapter 7 Bankruptcy Case

04-005

§4.5

Exhibit C to Sample Fee Agreement for Legal Services in Chapter 7 Bankruptcy Case

CH05

Chapter 5

CRIMINAL DEFENSE—SAMPLE FEE AGREEMENT AND SUBSTITUTION OF COUNSEL LETTER

05-002

§5.2

SAMPLE CRIMINAL DEFENSE Legal Fee Agreement

05-003

§5.3

SAMPLE LETTER NOTIFYING DEFENSE COUNSEL OF SUBSTITUTION OF COUNSEL AND AUTHORIZING RELEASE OF INFORMATION

CH06

Chapter 6

DEBT COLLECTION—SAMPLE FEE AGREEMENTS

06-002

§6.2

SAMPLE DEBT COLLECTION CONTINGENT FEE AGREEMENT WITH NONCONTINGENT RETAINER

06-003

§6.3

SAMPLE DEBT COLLECTION HOURLY FEE AGREEMENT

CH07

Chapter 7

ELDER LAW LITIGATION—SAMPLE FEE AGREEMENT

07-002

§7.2

SAMPLE FEE AGREEMENT FOR LITIGATION AGAINST HEALTH CARE FACILITY

CH08

Chapter 8

ESTATE PLANNING—SAMPLE FEE AGREEMENT

08-002

§8.2

SAMPLE INITIAL FEE AGREEMENT FOR ESTATE PLAN FOR USE WITH MARRIED COUPLE

CH09

Chapter 9

LIMITED SCOPE REPRESENTATION—SAMPLE FEE AGREEMENTS AND CHECKLISTS

09-004

§9.4

Sample Fee Agreement—Single Consultation Agreement

09-005

§9.5

Sample Fee Agreement—Consultation Agreement

09-006

§9.6

Sample Fee Agreement—Ongoing Consultation Agreement

09-007

§9.7

Sample Fee Agreement—Court Appearance

09-008

§9.8

Sample Change in Scope Letter

09-009

§9.9

Checklist: Tasks to Be Apportioned (Use as Attachment to Limited Scope Fee Agreement)

09-010

§9.10

Checklist: Issues to Be Apportioned (Use as Attachment to Limited Scope Fee Agreement)

CH10

Chapter 10

MARITAL DISSOLUTION—SAMPLE FEE AGREEMENTS

10-002

§10.2

SAMPLE ATTORNEY FEE AGREEMENT—LETTER STYLE

10-003

§10.3

SAMPLE FEE AGREEMENT FOR SERVICES WITH CLIENT ENGAGED IN MEDIATION OF DISSOLUTION ISSUES

CH11

Chapter 11

MEDICAL MALPRACTICE—SAMPLE FEE AGREEMENT

11-002

§11.2

SAMPLE CONTINGENT FEE AGREEMENT FOR MEDICAL MALPRACTICE ACTION

CH12

Chapter 12

PERSONAL INJURY—SAMPLE FEE AGREEMENT AND HEALTH CARE PROVIDER LIEN AGREEMENT

12-002

§12.2

SAMPLE CONTINGENT FEE AGREEMENT

12-003

§12.3

SAMPLE HEALTH CARE PROVIDER-PATIENT-ATTORNEY LIEN AGREEMENT

CH13

Chapter 13

PROBATE—SAMPLE FEE AGREEMENTS

13-002

§13.2

SAMPLE PROBATE FEE AGREEMENT

13-003

§13.3

SAMPLE VARIABLE CONTINGENT FEE AGREEMENT—WILL AND TRUST CONTEST

CH14

Chapter 14

UNLAWFUL DETAINER—SAMPLE FEE AGREEMENT

14-002

§14.2

SAMPLE UNLAWFUL DETAINER FEE AGREEMENT—PRIVATE PRACTITIONER

CH15

Chapter 15

WRONGFUL TERMINATION—SAMPLE FEE AGREEMENT

15-002

§15.2

SAMPLE ATTORNEY FEE AGREEMENT

CH16

Chapter 16

COMPLETION OF REPRESENTATION LETTER AND NONENGAGEMENT LETTER

16-002

§16.2

SAMPLE COMPLETION OF REPRESENTATION LETTER

16-003

§16.3

SAMPLE NONENGAGEMENT LETTER

 

Selected Developments

October 2017 Update

We updated all citations and fee agreements in this book and added developments as relevant. The most important developments are:

Proposed Rules of Professional Conduct Under Review by California Supreme Court. The California State Bar submitted its draft proposed Rules of Professional Conduct to the California Supreme Court in March 2017. There is no deadline for the court to review and take action on the proposed rules. The rules do not become effective until the Supreme Court approves them. See notes about and discussion of the proposed rules in §§1.1, 1.9, 17.1. See also new §17.14A for discussion of the proposed rules and a description of new rules that may affect fee agreements.

Citations to the draft proposed rules have been added throughout Chapter 1 so attorneys may begin to familiarize themselves with the draft rules; however, the final language of the proposed rules will not be available until after the Supreme Court acts on the proposal. See, e.g., §§1.16, 1.23, 1.32, and paragraphs therein labeled “Pending Rule Changes.”

Written Fee Agreements. Attorneys who fail to use a written fee agreement when required under Bus & P C §§6147, 6148 face the possibility that their clients will void the fee agreements and leave the attorneys to seek quantum meruit for their compensation. See Dilworth, Avoiding the ‘voiding' of your fee agreement and other ABCs of engagement, California Bar Journal, June 2017, cited in §1.13.

Statute of Limitations for Enforcing Fee Agreements. For a recent case which reaffirms that the statute of limitations for an action on an oral fee agreement is 2 years shorter than an action on a  written fee agreement, see Leighton v Forster (2017) 8 CA5th 467, 213 CR3d 899, cited in §1.13.

When Fee Agreement Becomes Effective. See §1.15 for a provision which specifies that a fee agreement will not take effect until both the client and attorney sign the agreement and the client is given a fully executed copy. Failure to provide the client with a fully executed copy of the fee agreement as required under Bus & P C §§6147(a), 6148(a) renders the agreement voidable at the client's option.

Contingency Fee Agreements and Public Entities. The issue of when and how public entities may enter into contingency fee agreements with private attorneys and firms continues to generate cases. See §1.26 for discussion of American Bankers Management Co. v Heryford (2016) 190 F Supp 3d 947.

Informed Waiver of Conflict and Disqualification. See §1.35 for a recent case in which a court held that there could be no informed waiver of conflict for an attorney who sought to represent a criminal and his victim at the same time in the same litigation.

Limited Scope Representation and Withdrawal. The Judicial Council has revised Cal Rules of Court 5.425, effective September 1, 2017. The amendments clarify the procedures for terminating representation and withdrawing from limited scope family matters. In addition to the rules amendments, Judicial Council Forms FL-950, FL-955, FL-956, and FL-958 have been revised, effective September 1, 2017, and new Judicial Council Form FL-957 will be added. See §§9.2, 9.7 for discussion.

About the Consulting Editors

MERRI A. BALDWIN is a shareholder in the San Francisco office of Rogers Joseph O'Donnell. Her practice focuses on attorney liability and commercial litigation. She handles claims of legal malpractice and breach of fiduciary duty, as well as motions to disqualify and for sanctions. She regularly counsels lawyers and law firms on legal ethics and law practice management issues. She represents attorneys in disciplinary proceedings before the State Bar of California, and has extensive experience handling attorney-client fee disputes. Ms. Baldwin is the vice-chair of the State Bar of California Committee on Professional Responsibility and Conduct. She is a co-chair of the Legal Malpractice subcommittee for the American Bar Association Litigation Section Committee on Professional Services Litigation. Ms. Baldwin was the Treasurer of the Bar Association of San Francisco for 2015. Ms. Baldwin frequently lectures to attorneys and professional organizations on issues related to litigation, legal malpractice, and ethics, and she is an adjunct professor at the University of California, Berkeley, School of Law. Ms. Baldwin co-edited The Law of Lawyers' Liability (ABA/First Chair Press 2012) and since 2006 she has served as a consulting editor for the Fee Agreement Forms Manual, published by Continuing Education of the Bar, California. Prior to law school, Ms. Baldwin was a Fulbright Scholar at the London School of Economics. Ms. Baldwin received her J.D. from the University of California, Berkeley, School of Law and graduated magna cum laude from Smith College.

DEMETRIOS DIMITRIOU, now retired, was of counsel at Dimitriou & Associates, PC, a San Francisco firm. He had a statewide practice acting as counsel to attorneys who were starting, moving, selling, or terminating practice. He advised attorneys on documentation, attorney fee, professional liability, ethical, and practice management issues. He serves as an ethics expert witness. He is a member and past Chair of the Bar Association of San Francisco Ethics Committee and a member and past Chair of the Association's Law Practice Management Section Executive Committee. He has also served on the California State Bar Ethics Committee and the Executive Committee of its Law Practice Management Section and the American Bar Association Law Practice Management Section Council. Mr. Dimitriou lectures nationally and has written extensively on ethics and law practice management issues. He received his J.D. from the University of California, Hastings College of the Law in 1959 and his B.A. from the University of California, Berkeley in 1954.

M. SUE TALIA (Chap 9: Limited Scope Representation) is a certified family law specialist in Danville, California. Ms. Talia is a private judge on complex family law matters, which have been the focus of her practice since 1977. She devotes a considerable amount of time to writing and legal reform activities. Ms. Talia served as the Chair of the Limited Scope Representation Committee of the California Commission on Access to Justice and has served on numerous committees and groups dedicated to increasing access to the courts. She has developed a training program for attorneys who wish to safely unbundle their practices and offer limited scope representation as part of their professional service. She is a frequent author and speaker on issues relating to limited scope representation. Ms. Talia received her J.D. from the University of California, Hastings College of the Law in 1977, her M.A. from Stanford University in 1974, and her B.A. summa cum laude from Santa Clara University in 1971.

ROBERT W. WOOD (Tax Issues) practices tax law in San Francisco with Wood LLP. Mr. Wood is a member of the California, New York, District of Columbia, Montana, Texas, Washington, Wyoming, and Arizona bars. He is certified as a Specialist in Taxation, former Chair of the Taxation Law Specialization Commission, and former Vice Chair of the Executive Committee of the California State Bar Tax Section. A central part of Mr. Wood's national practice is advising lawyers, accountants, and litigants concerning the tax aspects of litigation payments and recoveries, and appropriate tax planning and documentation of settlement agreements. He also regularly represents taxpayers before the IRS and the courts. In addition to more than 30 other tax books, he is the author ofTaxation of Damage Awards and Settlement Payments (4th ed 2009), Qualified Settlement Funds and Section 468B (2009), and Legal Guide to Independent Contractor Status (5th ed 2010), as well as hundreds of articles dealing with the tax treatment of litigation recoveries. He speaks nationally on this topic to accountants, lawyers, and businesspeople. Mr. Wood received his J.D. in 1979 from the University of Chicago Law School and his A.B. summa cum laude in 1976 from Humboldt State University.

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