Practicing With Professionalism - South Carolina Bar Association

(1) the division is in proportion to the services performed and
responsibility assumed by each lawyer;
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COMMENT
(2)the client consents to the employment of an additional lawyer after
a full disclosure ofthe division of fees to be made;
{3} the total fee is reasonable; and
{4} the division is set forth in writing signed by the lawyers and by the
client with informed consent.
(e) Referral fees are prohibited.
Basis or Rate ofFee
In a neW client-lawyer relationship, the basis or rate ofthe fee must be promptly
communicated in writing to the client. When the lawyer has regularly represented a
client, they ordinarily will have reached an understanding concerning the basis or rate of
the fee; but, when there has been a change from their previous understanding, the basis or
rate ofthe fee should be promptly communicated in writing. All contingent fee
arrangements must be in writing, regardless ofwhether the client-lawyer relationship is ("
new or established. See C.R.c.P., Ch. 23.3, Rule 1. A written communication must
disclose the basis orrate ofthe lawYer's fees, but it need not take the form ofa formal
engagement letter or agreement, and it need not be signed by·the client. Moreover, it is
not necessary to recite all the factors that underlie the basis ofthe fee, but only those that
are directly involved in its computation. It is sufficient, for example, to state that the basic
rate is an hourly charge or a fixed amount or an estimated amount, to identify the factors
that may be take into account in finally fixing the fee, or to furnish the client with a
simple memorandum or the lawyer's customary fee schedule. When ~evelopmentsoccur
during the representation that render an earlier disclosure substantially inaccurate, a
revised written disclosure should be provided to the client."
A written statement concerning the fee reduces the possibility ofmisunderstanding.
Lawyers are well-advised to use written disclosures even when they are not required.
Moreover, it is preferable, although not mandatory, to obtain the client's signature
acknowledging the basis orrate ofthe fee.
In setting a fee, a lawyer should also consider the inability ofthe client to pay a
reasonable fee. Persons unable to pay all or a portion ofa reasonable fee should be ableto "
obtain necessary legal services, and lawyers should support and participate in ethical
activities designed to achieve that objective.
Terms ofPayment
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