Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct




Date of Opinion: 09/25/2001

Opinion Number: 01-02

Title: FEES: APLAND

Opinion: The chair of a local bar association ethics committee and the chair of a local bar association fee arbitration committee have sought guidance concerning requirements for handling advance flat fee payments in light of Iowa Sup. Ct. Bd. of Prof’l Ethics & Conduct v. Apland, 577 N.W.2d 50 (Iowa 1998). Their committees are seeing a number of flat fee cases, especially criminal cases, that share the following facts:

a. The client and the attorney agree to a flat fee for specific services;
The board has been asked the following specific questions concerning the foregoing factual pattern: In response to the first two questions, it is the opinion of the board that it is not mandatory to keep contemporaneous time records in a flat fee case and that failure to do so is not a per se violation. A lawyer should not charge more than a reasonable fee and should be able to demonstrate the reasonableness of the fee charged, whether by time records or some other recognized means. See EC 2–19 and EC 2–20; DR 2–106(B). Though not mandatory, it is advisable to maintain contemporaneous time records in a flat fee case. If controversy arises as to the amount of a reasonable fee (for example, when the attorney-client relationship ends before the case is completed), such records could assist in resolving the matter. See generally EC 2–25 (“A lawyer should be zealous in efforts to avoid controversies over fees with clients and should attempt to resolve amicably any differences on the subject.”).

In response to the third question, it is the opinion of the board that Apland does not make exception for the circumstances mentioned. All clients should receive written notification pursuant to Apland when the fee, or any part thereof, is withdrawn from trust.