Unlike what I did when I opened my office 20 years ago, which asked a group of friends to get their detention and cutting and insertion contracts, it provided a model that could be perfectly and quickly adapted. We developed it through the Commission on Mandatory Royalty Arbitration. Expense arbitration procedure, as you know, the solicitor-client provides litigation costs. Often, in fact, more often not, once something is in conciliation, you discover that the pricing agreement is either flawed or only less than stellar. The state bar had previously published proposed storage sites on the site, and we started to modernize and update. There had been some legislative changes. The commission has 15 people on it, give or take. All areas of practice, all disciplines. So we had a very good pool of brains to sit down on, they start with the model we had, and everyone came up with suggestions for things that were missing, things that were wrong, things to improve. There was a smaller commission that came together and really refined all these proposals. As a former chair of the State Bar`s Committee on Mandatory Fee Arbitration, Rae Lamothe has contributed to efforts to revise the bar`s standard royalty agreements. This was the first major revision of the forms since their inception in 1987. Lamothe, who founded his own company last month, now uses the new forms in his practice.
Recently, she discussed with the Bar Journal the changes to the forms and the benefits of using them. Standard agreement forms include three types of agreements: (1) pricing agreements per hour for litigation; (2) non-litigation agreements per hour; and (3) contingency royalty agreements. In addition, these documents contain an instruction and commentary document outlining the purpose and limitations of standard royalty agreements, as well as a set of optional publication clauses and forms that may relate to a particular commitment. The current law and the types of situations that we have often seen in arbitration proceedings, mainly retainers that were written in legalis and clients had no idea what they were signing or did not understand the practicality of it. The new form of emergency really passes and explains what the client will receive, what the lawyer will receive, what the third parties will receive for the fees, the doctors, whatever. I think it`s very clear when the client is going to be calculated for things like copying, traveling, e-mail, texts, things like that. The retainer agreement says you can be charged for a tenth of an hour for phone calls, but there are people who think the sending season is for SMS.