JANUARY 2025 | 21 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. also be made aware of the consequences of adversity between the clients and the possibility of withdrawal from the representation of one or more of the clients. MORE ABOUT THE FEE The requirements of ORPC 1.5(c) do not contain everything that should be disclosed about a fee in the written agreement. The agreement should define the requirement of any advanced fee (retainer) and how that advanced fee is to be replenished. The due date of payments and whether late fees will be required and how those fees will be calculated should also be included. The written agreement may also remind the client of the uncertain cost of the representation when billed by the hour. If the fee is a flat or a fixed fee, it is imperative that the lawyer specifically describe the service to be provided. Any flat fee should be accompanied by a statement of when and how portions of the fee will be earned. These “benchmarks” will help prevent misunderstandings about whether the lawyer is entitled to some part of the fee if the entire representation cannot be completed through no fault of the lawyer. The agreement should also define acceptable manners of payment. If credit card transactions are an acceptable form of payment, the agreement should provide for the responsibility for any fees associated with the transaction. Without giving any opinion on whether credit card surcharges are lawful in Oklahoma, I will direct lawyers to 2019 OK AG 12. If a surcharge is imposed, sufficient notice must be given in the agreement, and the surcharge should be reasonably related to the fee imposed. A lawyer’s fees must be reasonable.2 If the lawyer takes possession of or a security interest in property of the client, the transaction must comply with ORPC 1.8(a).3 NONMONETARY OBLIGATIONS OF THE CLIENT Written fee agreements should also contain other obligations of the client. Those obligations should include keeping the lawyer informed of contact information. The client also has an obligation to provide honest and accurate information to the lawyer, and that should be included in the agreement. TERMINATION OF THE REPRESENTATION The addition of a termination provision in your agreement will prevent misunderstandings. Language that defines the end of the representation as the submission of a final bill or another benchmark may be added. This will not only define the end of the representation but also define whether the client is a current or former client for conflict purposes. CONCLUSION The provisions listed in this article are not intended to be exhaustive. Not all of these provisions will be desirable in every practice, and I certainly have not included every conceivable provision. I have known many lawyers who do not use written contracts and some who have used them in pro bono representations (for the nonmonetary provisions). I believe it is best for every lawyer to use a written contract for the security and certainty it provides. ABOUT THE AUTHOR Richard Stevens has served as OBA ethics counsel since September 2019. Previously, he was a solo practitioner following his retirement from the District 21 District Attorney’s Office after 33 years as a prosecutor. Mr. Stevens is a member of the OBA Criminal Law Section and the Rules of Professional Conduct Committee. He served as the 2018 OBA vice president, on the Board of Governors from 2013 to 2015 and as a member of the Professional Responsibility Commission. ENDNOTES 1. See ORPC 1.13. 2. See ORPC 1.5(a). 3. See ORPC 1.8 Comment [1].
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