If a fee for work requiring only modest legal ability is to be based on the higher value of more complex legal work which the attorney is capable of performing, but which he is unable to perform because of the employment, then there must be effective disclosure to the client as part of the terms of the engagement
How later courts described this case
- If a fee for work requiring only modest legal ability is to be based on the higher value of more complex legal work which the attorney is capable of performing, but which he is unable to perform because of the employment, then there must be effective disclosure to the client as part of the terms of the engagement
Written by the judges who cited it.
The opinion
COLE, Judge,
concurring.
The majority opinion is a sterling admonition to counsel to charge a fee commensurate with the legal services rendered. However, it is not a review of the case presented to, *107 argued before, and decided by Judge Thieme. The issue before Judge Thieme was whether the fees charged by the respondent under the circumstances described were clearly excessive and unreasonable. As proof of each side’s position, three eminent and outstanding members of the Bar testified. Judge Thieme was unpersuaded by either side, and he thus concluded that Bar Counsel had not met his burden. The issue for us is simple: were Judge Thieme’s conclusions clearly erroneous? We cannot say that they were, and for this reason, we should affirm the judgment. Hence, I concur.