Adding a Surcharge for Outside Attorney Work

While the majority view is that adding a surcharge for outside attorney work is not permitted if the charges are billed as an expense or disbusement and client permission has not been granted, if these services are billed as "legal services," a surcharge may be added, so long as the fee as a whole is reasonable.  This white paper is a comprehensive, 32-page treatment of the issue, containing a discussion of the leading ABA opinion, court decisions from numerous jurisdictions, and state and local bar opinions from 17 states.

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