Until the lawyer has made a lump sum fee case, the lawyer is only entitled to Quantum Meruit or the appropriate value of the services and must, upon request, make a billing.  Time readings are invaluable for quantum meriduit detection. However, in the case of a flat-rate fee agreement, time statements are not the final say on the appropriate value of the lawyer`s services, even if the work performed on an hourly basis exceeded the flat-rate costs. This is due to the fact that the client did not conclude an agreement every hour with the lawyer, but an agreement for the lawyer to fully provide the contractual services for a given package. If the lawyer did not fully provide before the termination, it is expected that the lawyer did not fully win the package. I think to explain very clearly if the customer is charged for things like copying, traveling, email, texts, that kind of thing. Retainer`s agreement states that you can be charged ten hours for phone calls, but there are people who think it`s an open season to text you. These reasons, as well as the protection offered by a letter in the event of a dispute, as well as compliance with ethical requirements, require a written agreement. The requirement for a written representation agreement is not limited to litigation, but also applies to transaction matters. Sections 6147 and 6148 of the Trades and Professions Code and the provisions of the California Rules of Professional Conduct not only require written undertaking agreements, but also dictate their content. Section 6148 requires a written contract agreement in almost all cases that do not fall under Section 6147, where it is reasonably foreseeable that the total cost to the client, including attorneys` fees, will exceed $1000. It requires that the agreement describe the nature of the lawyer`s compensation; the general nature of the legal services to be provided; and the respective responsibilities of the lawyer and the client with regard to the performance of the contract. The billing requirements of the Agreement are also listed in Article 6148.
However, there are several exceptions to the requirement for a written fee agreement, even if the client is a limited company. Failure to comply with §§ 6147 and 6148 renders an agreement questionable at the choice of the procuring entity. If an agreement is cancelled, a lawyer can still try to collect a reasonable fee. Flat-rate fees are appropriate for relatively simple matters, such as an uncontested divorce or writing a base. They can also work on more complex cases where the representation can be divided into different segments or phases, for example. B in an immigration case that clearly describes the visa process, including filing the petition, filing the immigration visa application, and representation at the consular interview. Instead of a fee agreement that sets a flat fee for these services, the lawyer can break down each segment and charge a separate flat fee for each service. 1.