Guidelines for REPRESENTING THE RADIO AMATEUR OPERATOR. Adapted by (& © 2008) Bart Lee, KV6LEE, ARRL Volunteer counsel, from a published caution to lawyers about representing family and friends:
Proceed only by an integrated written fee agreement. A written agreement is required by the California Bar for any representation that could cost more than $1,000. Have a straight -forward discussion at your first meeting and set the ground rules that will be included in your retainer agreement. The ARRL expects only that an initial consultation will not be charged; after that your attorney and client relationship is governed by your agreement and by law. You are free to set your hourly fee (or any other fee) by negotiation with the client.
When you undertake to represent a fellow amateur radio operator, you may have to be more explicit about the representation than would otherwise be the case with a seasoned business client, because there may be unspoken expectations arising from the fraternal nature of the hobby. An appropriate place for fraternal considerations is in the initial setting of the agreed hourly fee, and the client’s written acknowledgment of a discount if given and your courtesy in handling a matter the revenues from which are unlikely to do more than cover office overhead. You have to have a retainer agreement with all fee and cost issues clearly spelled out. An “evergreen” (i.e., refreshed) and end-of-matter retainer is the best way to avoid any end-game distress and loss of earned revenue. Each new element of legal work (“module”) should be defined in advance and commenced only on receipt of the retainer calculated to cover it. Insisting on this arrangement will give you a clue about how businesslike the radio amateur may be; declining to agree to a retainer arrangement suggests that collecting earned hourly fees will be unpleasant – so forego the representation, recommend other counsel, or decide do it entirely pro bono publico (or not).
Agree to and document in your fee agreement the “rules of engagement,” for example that:
– all discussions of the matter will take place during business hours and in your office, not at home off- hours, and not at the local hamclub meeting, and never on the air;
– you will respond to e-mails during business hours and any telephone calls at home will be billed at triple-time or a one hour minimum whichever is greater;
– you will bill monthly for all of your time and you are going to keep track of all of your time including “review,” “attention to” and “preparation.”
– you will prepare the same kind of notes, memos, letters (including e-mails), and briefs you do for any other client to prosecute and document the case;
– you will do a case plan and budget at the beginning of the case and update both as often as necessary, and send copies to your client. ##