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November 29, 2007


Ben Glass

The court is correct in leaving open the judgment of the fee to an analysis of the discussion between attorney and client. If the client was properly advised and had a choice to hire someone else, how can the fee be unconscionable?

What makes a fee unconscionable.. certainly it cannot be a simple comparison to what other lawyers charge....yet some lawyers believe that its exactly that....if the most experienced attorney in town charges X, then it must be unconscionable for a less experienced attorney to charge X+.

That cannot be the measure. If a client has a $100,000 problem and I can solve that problem in 10 seconds, but my fee is $10,000..is that unconscionable? I suggest not as long as there is a market... as long as the client has a choice as to hire me or someone else. But simply because I may have made a lot of money because of my knowledge does not make the fee unconscionable.

Lawyers make a huge mistake in being a slave to the "billable hour." And those who continue to want to measure "consciounability" based on the time spent are in the dark ages.

Ben Glass,
Fairfax, Virginia

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