---
title: "Communicate a change in the basis or rate of the fee or expenses"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/update-the-costs-disclosure-after-a-significant-change-to-the-estimate/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-PE20261022-1-US"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Communicate a change in the basis or rate of the fee or expenses

> 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.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/update-the-costs-disclosure-after-a-significant-change-to-the-estimate/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 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 | United States |
| Applies to | [Update the costs disclosure after a significant change to the estimate](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/update-the-costs-disclosure-after-a-significant-change-to-the-estimate.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Communication under Rule 1.5(b) is not, by itself, the acceptance Comment [1] describes.
- Do not treat an hourly-rate increase as reasonable unless the facts match the comment.

## 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.*