MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 1991-01
Billing multiple clients for time at "running agenda" public hearings
You have sent us an inquiry regarding the method of billing clients for time spent traveling to and attending a hearing held by public agencies at which matters pertaining to several clients will be addressed. You indicate that you bill your clients on an hourly basis, and your fees include traveling and waiting time.
The constraints on attorney billing practices are set forth in Rule 1.5 of the Maryland Rules of Professional Conduct. The Rule requires that fees be reasonable. Whether a fee is reasonable depends on a variety of factors such as the time spent, the difficulty of the issue, and other factors listed in the Rule. Rule 1.5. See also Attorney Grievance Commission of Maryland v. Wright, 306 Md. 93, 507 A.2d 618 (1986); Goldman v. Eisinger, 289 Md. 611, 425A.2d 1356, 1360 (1980).
You should not bill for work not performed. If, under your example, you represent three clients whose matters will be addressed at a hearing, and it takes you an hour to travel to the hearing, you cannot bill each client separately for the travel time. To do so would allow you to bill three hours for one hour of work. Such a multiplication of your time is unreasonable. Instead, you should divide your time equally among the clients.
You should similarly avoid double billing your clients for time spent waiting at the hearing. Thus, you should not charge all three clients for the time spent waiting until the first client's matter is called.
The Rules require that you explain the basis of your fees clearly to your clients. Rule 1.5(b). The Committee suggests you discuss this issue with your clients and reach an agreement with them regarding the division of your time at these hearings.