Mont. R. Arb. Fee Disp. 8.1

The arbitrators shall consider the following factors, taken from the Rules of

Professional Conduct, in determining whether the fees are justified:

Rule 1.5 – Fees

(a) A lawyer shall not make an agreement for, charge or collect an unreasonable fee

or an unreasonable amount for expenses. 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 perform the legal service properly;

(2) the likelihood, if apparent to the client, that the acceptance of the particular

employment will preclude other employment by the lawyer;

(3) the fee customarily charged in the locality for similar legal services;

(4) the amount involved and the results obtained;

(5) the time limitations imposed by the client or by the circumstances;

(6) the nature and length of the professional relationship with the client;

(7) the experience, reputation and ability of the lawyer or lawyers performing

the services; and

(8) whether the fee is fixed or contingent.

(b) The scope of the representation and the basis or rate of the fee and expenses for

which the client will be responsible shall be communicated to the client in writing,

before or within a reasonable time after commencing the representation, except when

the lawyer will charge a regularly represented client on the same basis or rate. Any

changes in the basis or rate of the fee or expenses shall also be communicated in

writing. This paragraph does not apply in any matter in which it is reasonably

foreseeable that total cost to a client, including attorney fees, will be $500 or less.

(c) 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 paragraph (d)

or other law. A contingent fee agreement shall be in a writing signed by the client and

shall state the method by which the fee is to be determined, including the percentage

or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal;

litigation and other expenses to be deducted from the recovery; and whether s uch

expenses are to be deducted before or after the contingent fee is calculated. The

agreement must clearly notify the client of any expenses for which the client will be

liable whether or not the client is the prevailing party. Upon conclusion of a

contingent fee matter, the lawyer shall provide the client with a written statement

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

to the client and the method of its determination.

(d) A lawyer shall 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 maintenance or

support or property settlement in lieu thereof; or

(2) a contingent fee for representing a defendant in a criminal case.

(e) A division of a fee between lawyers who are not in the same firm may be made

only if:

(1) the division is in proportion to the services performed by each lawyer or

each lawyer assumes joint responsibility for the representation;

(2) the client agrees to the arrangement, including the share each lawyer will

receive, and the agreement is confirmed in writing; and

(3) the total fee is reasonable.