Communicate a change in the basis or rate of the fee or expenses
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the change in basis, rate, or expenses the draft would make, and whether the file shows that change was communicated to the client. Do not say the client accepted it.
- What the lawyer must review
- You decide whether the change may be made. Rule 1.5(b) says any changes in the basis or rate of the fee or expenses shall also be communicated to the client. Comment [1] says modification of an existing fee agreement, whether written or not, is permissible under the rule, but any modification should be reasonable under the circumstances at the time of the modification as well as communicated to and accepted by the client. The same comment says periodic, incremental increases in a lawyer's regular hourly billing rates are generally reasonable if that practice is communicated clearly to and accepted by the client at the commencement of the relationship, and that a modification that changes the basic nature of a fee arrangement or significantly increases the lawyer's compensation is less likely to be reasonable absent an unanticipated change in circumstances. The tool does not decide that the change is reasonable or that the client accepted it.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.