---
title: "Check that scope, basis or rate, and expenses were communicated to the client"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-is-written-and-does-not-exclude-assessment/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-PE20261022-19-US"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check that scope, basis or rate, and expenses were communicated to the client

> List what the file shows was communicated about scope, the basis or rate of the fee, and expenses, and whether a contingent fee is in a writing signed by the client. Do not treat silence as consent.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-is-written-and-does-not-exclude-assessment/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List what the file shows was communicated about scope, the basis or rate of the fee, and expenses, and whether a contingent fee is in a writing signed by the client. Do not treat silence as consent. |
| What the lawyer must review | You decide whether the communication is enough. Rule 1.5(b) requires the scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible to be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Comment [2] says that in a new client-lawyer relationship an understanding as to fees and expenses must be promptly established, and that a written statement of the terms reduces the possibility of misunderstanding. A contingent fee must be in a writing signed by the client under Rule 1.5(c). Comment [9] says that where a bar has established a fee-dispute procedure, the lawyer must comply when it is mandatory and should conscientiously consider it when it is voluntary. These pages do not state a national ban on a term that waives assessment or arbitration. The tool does not decide that the regularly-represented-client exception applies. |
| Written for | United States |
| Applies to | [Check a costs agreement is written and does not exclude assessment](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-is-written-and-does-not-exclude-assessment.md) |

## Checking plan

- What the AI does: List what the file shows was communicated about scope, the basis or rate of the fee, and expenses, and whether a contingent fee is in a writing signed by the client. Do not treat silence as consent.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Preferably in writing is not the same rule as the signed writing Rule 1.5(c) requires for a contingent fee.
- Some states require every fee agreement to be in writing. Confirm the admitting jurisdiction.

## Sources

- [ABA Model Rule 1.5, Fees](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/) (checked 2026-10-22)
- [ABA Model Rule 1.5, Comment](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/comment_on_rule_1_5/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*