Saturday, November 8, 2008

1961 Spokane Bar Association Schedule of Minimum Fees

By Dale Raugust

In 1961, the Spokane County Bar Association published an “Official Schedule of Minimum Fees” in an effort “to assure proper professional standards.” The Foreword to the schedule declared the purpose of the schedule as follows: “It is the opinion of the Spokane County Bar Association that except in unusual cases warranting a reduction on account of the peculiar circumstances of the case or the financial condition of the client, it should not be necessary to reduce any fee below the minimum prescribed in this schedule. It is further submitted to the members of the Bar that when it is apparent that a client or prospective client proposes to offer employment to the low bidder or that he intends to obtain bids from other lawyers, under no circumstances is the lawyer warranted in quoting a fee below the schedule.” At that time Section 12 of the Canons of Professional Ethics provided: “In determining the customary charges for similar services, it is proper for a lawyer to consider a schedule of minimum fees adopted by a bar association, but no lawyer should permit himself to be controlled thereby or to follow it as his sole guide in determining the amount of his fee.”

Per hour rate….$16.00; Oral Advice, not less than $5.00; Written opinion, not less than $15.00; Per Diem rate: “The charge for office work will depend upon the factors mentioned in the introduction to this schedule, and particularly upon the importance of the matter and the character of the problems involved. It is suggested that when on a per diem basis the minimum charge for office work should be at least $75.00 per day. This may be used as a guide on preparation for trial. Out of town or away from office per diem, at least $100.00 per day; Contract of sale, Personal Property…$10.00; Real Property…$15.00; Real Property deed, tax affidavit, closing…$40.00; Bill of sale…$5.00; Guardian ad Litem, not less than $25.00; Probate, $150.00 or 6% of first $5,000, 5% of next $10,000, 4% of next $60,000, 31/2% of next $425,000, and 3% of all amounts over $500,000. Bankruptcy, no assets…$175.00; assets above exemptions…$250.00; creditor claim…$5.00; Family Law: Community Property Agreement… $25.00; Adoption, non consenting parent…$150.00; all others…$100.00; divorce-default-no property or children…$200.00; divorce-default-with property or children…$250.00; negotiated settlement..$100; contested case, either side…$200.00; modifications pursuant to stipulation…$50.00 Trial rates: Superior Court: $175.00 per day with minimum of ½ day; District or Justice Court: $50.00 half day or $100.00 if involving possible suspension of license; Appellant work: appellant brief $500.00; Respondent Brief…$300.00; Oral arguments…$200.00; Motions $100.00. Corporations: Organization to do business, $250.00; dissolution, $200.00; amendment of articles, $100.00; partnership formation, hourly rate but not less than $75.00; dissolution, hourly rate but not less than $50.00.

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