98-13.

• Court: Kansas

Kansas Ethics Opinion 1998. 98-13. 1998KBA Legal Ethics Opinion No. 98-13Topic: Conflict of Laws; which jurisdictional rule applies; contingent fee contracts Digest: When two states have different model rules regarding "gross" or "net" contingent fees, the choice of which rule governs a particular client depends on conflict of laws questions that are beyond the scope of this Committee's operating procedures. Although the ABA has recommended major changes to MRPC 8.5, the applicable Kansas version gives little guidance. Date of Request: October 26, 1998; Released January 5, 1999 Reference: MRPC 1.5, 8.5 The function of the Kansas Bar Association's ethics advisory service is to respond to inquiries from Kansas-licensed lawyers concerning proposed conduct. The limitations on the service do not allow us to render an opinion regarding past conduct or the conduct of someone other than the requesting attorney. The following constitutes only the opinion of the Committee on Professional Ethics-Advisory Services, and is not in any way intended to be a guarantee of a particular result or a conclusion by appropriate authorities. Further, this document constitutes the Committee's opinion based on the facts and information contained in correspondence above referenced. It is based on a review of the disciplinary rules, model rules of professional responsibility and conduct, and applicable case law. This opinion is not a grant of immunity from any form of legal or disciplinary proceeding. The opinion herein is that of a KBA committee without official government status. The Kansas Bar Association expressly disclaims any liability in connection with issuing this opinion. FACTS Lawyer licensed in Kansas whose office is in Kansas intends to enter into a contingent fee contract for legal services rendered to a client in one or more other states. The services may include a settlement or trial verdict in those states. The Kansas "net" contingent fee rule is narrower than the fee rule governing legal service contracts for lawyers in the other states. QUESTION By virtue of being licensed to practice law in Kansas and having a primary residence and office here, which state's fee rule applies? ANALYSIS Two main rules are important here. MRPC 1.5, adopted in Kansas, in pertinent part, states, (a) A lawyer's fee shall be reasonable. (d) A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined, including the percentage or...