[Code of Federal Regulations] [Title 37, Volume 1] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 37CFR10.36] [Page 355-356] TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS DEPARTMENT OF COMMERCE PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents Sec. 10.36 Fees for legal services. (a) A practitioner shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee. (b) A fee is clearly excessive when, after a review of the facts, a practitioner of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be considered as guides in determining the reasonableness of a fee include the following: (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly. (2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the practitioner. (3) The fee customarily charged for similar legal services. (4) The amount involved and the results obtained. (5) The time limitations imposed by the client or by the circumstances. [[Page 356]] (6) The nature and length of the professional relationship with the client. (7) The experience, reputation, and ability of the practitioner or practitioners performing the services. (8) Whether the fee is fixed or contingent.