December 29, 1982
A lawyer may offer a discount of an otherwise proper fee.
References: MCPR DR 2-106; CI-704.
A lawyer desires to offer group rates for certain legal services when work is performed for a group of individuals. It is not specified what particular types of groups are involved. The lawyer would not be involved in attempting to find or form any such groups.
MCPR DR 2-106(A) provides that "a lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee." MCPR DR 2-106(B) details numerous guidelines as to what may or may not be considered excessive. CI-704 held, in part:
"As long as the fees to be charged do not violate the ethical considerations concerning those charges, the fact of a discount in the price that might otherwise be charged is merely a business determination of the lawyer, and not an ethical problem."
C-218 is noted for reference in regards to the permissible standards of advertisement and communications in which the lawyer is free to engage with reference to this service including fees.