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(Formal Op. 337), and determined that such a recording “does notnecessarily violate the Model Rules”5. While “the better practice may be . . . to obtain consent prior torecording,” the conclusion of an increasing number of commentatorsand bar committees is that “attorneys are not per se prohibited fromever recording conversations without the express permission of allother parties to the conversation.” Alaska Ethics Op. 2003-1, Nat’lRep. Legal Ethics (Univ. Pub. Am.) (Dec. 6, 2001, Approved, Jan.24, 2003, Adopted)6. The Association of the Bar of the City of New York has concludedthat “a lawyer may . . . engage in the undisclosed taping of aconversation if the lawyer has a reasonable basis for believing thatdisclosure of the taping would [not] impair pursuit of a generallyaccepted societal good.” Digest, Formal Op. 2003-02(a)(b)(c)The opinion reflects the Ethics’ Committee strong distaste fortaping and its implications of trickeryTaping as a “routine practice” remains “unethical” in theCommittee’s opinionThe opinion particularizes circumstances where undisclosedtaping is more likely to be generally acceptableD. Legal Fees – 204 Pa. Code Section 81.4 Rule 1.5- Rules of ProfessionalConduct (Effective September 20, 2008) provides:“(a) A lawyer shall not enter into an agreement for, charge, or collect an illegal orclearly excessive fee. The factors to be considered in determining the propriety of afee include the following:(1) whether the fee is fixed or contingent;(2) the time and labor required, the novelty and difficulty of the questionsinvolved, and the skill requisite to perform the legal service properly;(3) the likelihood, if apparent to the client, that the acceptance of the particularemployment will preclude other employment by the lawyer;(4) the fee customarily charged in the locality for similar legal services;(5) the amount involved and the results obtained;43us\JUCEARO\7667714.1