SCR 20:1.0. Terminology
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Wisconsin Supreme Court Rules › SCR Chapter 20A - Rules of Professional Conduct for Attorneys (Preamble through 20:1.18) › SCR 20:1.0
Text
Terminology
(ag) "Advanced fee" denotes an amount paid to a lawyer in
contemplation of future services, which will be earned at an agreed-upon
basis, whether hourly, flat, or another basis. Any amount paid to a lawyer
in contemplation of future services whether on an hourly, flat or other
basis, is an advanced fee regardless of whether that fee is characterized
as an "advanced fee," "minimum fee," "nonrefundable fee," or any other
characterization. Advanced fees are subject to the requirements of SCR
20:1.5, including SCR 20:1.5(f) or (g) and SCR 20:1.5(h), and SCR
20:1.16(d).
(ar) "Belief" or "believes" denotes that the person involved
actually supposed the fact in question to be true. A person's belief may be
inferred from circumstances.
(b) "Consult" or "consultation" denotes communication of
information reasonably sufficient to permit the client to appreciate the
significance of the matter in question.
(c) "Confirmed in writing," when used in reference to the informed
consent of a person, denotes informed consent that is given in writing by
the person or a writing that a lawyer promptly transmits to the person
confirming an oral informed consent. See par. (f) for the definition of
"informed consent." If it is not feasible to obtain or transmit the writing
at the time the person gives informed consent, then the lawyer must
obtain or transmit it within a reasonable time thereafter.
tes informed consent that is given in writing by
the person or a writing that a lawyer promptly transmits to the person
confirming an oral informed consent. See par. (f) for the definition of
"informed consent." If it is not feasible to obtain or transmit the writing
at the time the person gives informed consent, then the lawyer must
obtain or transmit it within a reasonable time thereafter.
(d) "Firm" or "law firm" denotes a lawyer or lawyers in a law
partnership, professional corporation, sole proprietorship or other
association authorized to practice law; or lawyers employed in a legal
services organization or the legal department of a corporation or other
organization, including a government entity.
(dm) "Flat fee" denotes a fixed amount paid to a lawyer for
specific, agreed-upon services, or for a fixed, agreed-upon stage in a
representation, regardless of the time required of the lawyer to perform
the service or reach the agreed-upon stage in the representation. A flat
fee, sometimes referred to as "unit billing," is not an advance against the
lawyer's hourly rate and may not be billed against at an hourly rate. Flat
fees become the property of the lawyer upon receipt and are subject to the
requirements of SCR 20:1.5, including SCR 20:1.5(f) or (g) and SCR
20:1.5(h), and SCR 20:1.16(d). Notwithstanding that lawyers have a
property interest upon receipt of flat fees, such fees can be earned only
by the provision of legal services.
(e) "Fraud" or "fraudulent" denotes conduct that is fraudulent
under the substantive or procedural law of the applicable jurisdiction and
has a purpose to deceive.
(er) A "government lawyer" includes a "prosecutor" as defined by
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