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  1. #1
    Join Date
    Sep 2016

    Default When Can a Lawyer Waive Fees

    A lawyer is permitted to waive fees for an indigent client. When can a lawyer deem a client indigent, so as to waive the collection of fees?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: When Can a Lawyer Waive Fees

    You mean, consistent with an ethics code along the lines of the ABA's model code?
    Quote Quoting Rule 1.8(e) Conflict Of Interest: Current Clients: Specific Rules
    (e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and(2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client.

    It would be important to look at the rules of ethics for the state at issue, along with any notes or commentary to the rule and any rulings issued by the bar or other authority empowered to interpret and enforce the rules. In the absence of clarification from those sources, it is sensible to look at the definition of indigent as applied by your state's criminal courts for court-appointed lawyers, or legal aid societies for the determination of who qualifies for their services based on need (often @200% of the poverty line).

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