Maynard stated that if he took the case on an hourly basis his rate would be $60.00.

King indicated that he had no money to pay on an hourly basis

Maynard presented a contingent fee agreement

one-third of any recovery from judgment or settlement

Maynard negotiated with government for a year

Finally government settled for $195,000

Maynard's fee $65,000 +expenses came off the top

King asked Maynard to reduce fee to $16,000

Maynard offered to reduce his fee to $55,000

Maynard devoted about 83 hours to the case

At $60/hr fee would be about $5,000

$65,000/83hrs = $783 per hour

If Model Rule 1.5 applied

1. If an hourly fee, would written agreement be required?

2. Would Maynard be required to first offer a hourly fee arrangement?

3. When collecting fee, would Maynard be required to report his hrs to client?

Two more questions:

4. On what issues did the court of appeals reverse?

5. How would you decide on remand?