In The Contract that Binds: Your Fee Agreement, we noted that fee agreements should not be governed by simple boilerplate and formulaic thinking. This is true, but there are exceptions to this general advice: Here are two particular provisions that should be considered and likely added to every fee agreement you draft.
Hourly billing for legal services has been criticized for, among other things, discouraging attorney efficiency and providing the client with no predictability of cost (see, e.g., ABA Commission on Billable Hours Report 2001-2002) and has even been declared dead. But traditional hourly billing is still the most common type of fee arrangement in many types of practices. If you go the hourly route for at least some of your practice, review these points to be sure you are following best practices and are in compliance with the law.