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Multiple Choice

Which of the following is an exception to the signed writing requirement for fees?

The idea is that there is a general requirement for fee agreements to be in writing and signed, but several practical situations let that requirement be relaxed. In a corporate arrangement, the engagement is often governed by the company’s policies and master agreements, so a separate client signature isn’t always necessary for the fee terms to be enforceable. If the attorney provides full disclosure of the terms and the client knowingly waives the signed-writing requirement, the agreement can stand without a signed document. And in emergencies or when obtaining a signed writing would be impracticable, the attorney can proceed with the arrangement and later formalize it accordingly. Because each of these scenarios is recognized as an exception, all of the above is the best answer.

The idea is that there is a general requirement for fee agreements to be in writing and signed, but several practical situations let that requirement be relaxed. In a corporate arrangement, the engagement is often governed by the company’s policies and master agreements, so a separate client signature isn’t always necessary for the fee terms to be enforceable. If the attorney provides full disclosure of the terms and the client knowingly waives the signed-writing requirement, the agreement can stand without a signed document. And in emergencies or when obtaining a signed writing would be impracticable, the attorney can proceed with the arrangement and later formalize it accordingly. Because each of these scenarios is recognized as an exception, all of the above is the best answer.