Alaska Bar R. 35

(a) Basis or Rate of an Attorney’s Fee. An attorney’s

fee will be reasonable. The factors to be considered in

determining the reasonableness of a fee include the following:

(1) the time and labor required, the novelty and difficulty

of the questions involved, and the skill requisite to properly

perform the legal service;

(2) the likelihood that the acceptance of the particular

employment will preclude other employment by the attorney;

(3) the fees customarily charged in the locality for

similar legal services;

(4) the amount involved and the results obtained;

(5) the nature and length of the professional relationship

with the client;

(6) the time limitations imposed by the client or by the

circumstances;

(7) the experience, reputation, and ability of the attorney

or attorneys performing the services; and

(8) whether the fee is fixed or contingent.

(b) Written Fee Agreement. If a fee will exceed $1000,

the basis or rate of the fee shall be communicated to the client

in a written fee agreement before commencing the

representation or within a reasonable time thereafter. This

written fee agreement shall include the disclosure required

under Alaska Rule of Professional Conduct 1.4(c). In a case

involving litigation, the attorney shall notify the client in the

written fee agreement of any costs, fees or expenses for which

the client may be liable if the client is not the prevailing party.

In the absence of a written fee agreement, the attorney must

present clear and convincing evidence that the basis or rate of

fee exceeded the amount alleged by the client.

(c) Contingent Fees. A fee may be contingent on the

outcome of the matter for which the service is rendered, except

in a matter in which a contingent fee is prohibited by Section

(d) of this rule, or by other law or court rules or decisions. A

contingent fee agreement will be in writing and will include

the disclosure required under Alaska Rule of Professional

Conduct 1.4(c) and state the method by which the fee is to be

determined, including:

(i) the percentage or percentages that shall accrue to the

attorney in the event of settlement, trial or appeal; provided,

however, fees on appeal may be left to later negotiation;

(ii) litigation and other expenses to be deducted from the

recovery; and

(iii) whether such expenses are to be deducted before the

contingent fee is calculated.

Upon conclusion of a contingent fee matter, the attorney

will provide the client with a written statement reporting the

outcome of the matter and, if there is a recovery, showing the

amount of the remittance to the client and the method of its

determination.

(d) Prohibited Attorney Fee Agreements. An attorney

will not enter into an arrangement for, charge, or collect:

(1) any fee in a domestic relations matter, the payment or

amount of which is contingent upon the securing of a divorce

or upon the amount of alimony or support, or property

settlement in lieu thereof, except an action to collect past-due

alimony or support payments; or

(2) a fee contingent upon the outcome of a criminal case.

(e) Fee Divisions Between Attorneys. A division of

fees between attorneys who are not in the same law firm may

be made only if:

(1) the division is in proportion to the services performed

by each attorney or, by written agreement with the client, each

attorney assumes joint responsibility for the representation;

(2) the client is advised of and does not object to the

participation of all the attorneys involved; and

(3) the total fee is reasonable.