Letter · Costs, billing & litigation funding

Letter when a flat fee should change because a tool did the work (United States)

A letter telling the client that a flat fee may no longer be reasonable because a generative AI tool has reduced the work, and asking agreement to a revised amount before further work is billed that way.

Kind
Letter. A letter or email you adapt and send.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when the engagement is a flat fee and a tool has meant the lawyer will do little or no work for that fee. Do not use it to raise a fee after the work is done, or to bill hourly time that was not spent.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

A tool may draft the description of the remaining scope from the lawyer's note. The lawyer decides the revised amount and whether the original fee is still reasonable.

AI may

  • Restate the original scope and the remaining tasks from the engagement letter and the lawyer's note
  • Flag a draft that changes the fee without showing the original amount

AI must not

  • Must not set the revised fee
  • Must not say the original fee was unreasonable as a conclusion
  • Must not send the letter

The lawyer checks

  • The original fee, the scope, and the proposed amount are all stated
  • The change is communicated before the firm relies on the new basis, as Rule 1.5(b) requires for a change in the basis or rate
  • The letter is not used to charge for time no person spent

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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