AC22: Flat and Hybrid Fees - Ethically Managing Uncertainty in the Engagement Agreement

AC22: Flat and Hybrid Fees - Ethically Managing Uncertainty in the Engagement Agreement

Release Date: 6/17/2022
Format Length CLE Eligible
MP4 60 min. Yes

We see a lot of “flat fees” that, because of their many exclusions and scope definitions, are potentially mislabeled and might be more accurately deemed “hybrid fees” or “advance fee deposits.” This mislabeling can affect how the fees are handled and get lawyers in trouble. It also can create fee disputes if clients don’t understand the fee arrangement. Panelists will discuss the various types of fees and how to disclose them with clarity. Panelists on this advanced ethics session will discuss Rules of Professional Conduct 1.3 Diligence, 1.4 Communication, 1.5 Fees, and 1.15 Safeguarding Client Property.

  • Developing a Sharper Awareness of Flat and Hybrid Fee Structures
  • Managing Advance Fee Deposits
  • Drafting, Explaining, and Documenting the Fee Agreement to Clients
  • Managing Automatic Credit Card or Bank Draft Payments from Clients
  • Updating Agreements When Complications Arise or Circumstances Change

Please review the following information:

  • AILA applies for accreditation upon attorneys’ request after participation for the following states: AR, DE, IA, ID, KS, KY, LA, ME, MN, MS, OR, TN and WY. Programs are typically approved.
  • Florida and Rhode Island - Attorneys must apply on their own for approval of seminars in FL and RI. Programs are typically approved.
  • The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: MO and PR. Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. View the OnDemand Downloadable Expiration Chart for more details.

Eligible participants can receive up to 1.2 elimination of bias credits in 50-minute jurisdictions and 1 elimination of bias credit in 60-minute jurisdictions. AILA will administer CLE credit only to individuals who register and log into the web seminar. AILA cannot verify your attendance and participation in this program unless you register directly for the web seminar and use your name to log in to participate in the program. Therefore, persons who log in or listen in on the web seminar as part of a group will not be able to obtain CLE credit.

Please note that your jurisdiction may limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, visit the CLE Center. The 2022 AILA Annual Conference Recordings are valid 1 year through June 15th, 2023.

AILA has filed for CLE and specialized credit in all jurisdictions with mandatory CLE requirements. For details about specific approvals, contact us at

Contact us at or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a seminar recording.