IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1331 Amending Alaska Bar Rule 35 concerning fees for legal services. IT IS ORDERED: Alaska Bar Rule 35 is amended to read: Rule 35. Fees for Legal Services; Agreements. * * * * (b) Written Fee Agreement. The basis or rate of the fee to be charged, including any fee of retainer or initial deposit, exceeding $500 shall be communicated to that client in a written fee agreement, before commencing the representation or within a reasonable time thereafter. This written fee agreement shall include the disclosure required under Alaska Rule of Professional Conduct 1.4(c). In a case involving litigation, the attorney shall notify the client in the written fee agreement of any costs, fees or expenses for which the client may be liable if the client is not the prevailing party. In the absence of a written fee agreement, the attorney must present clear and convincing evidence that the basis or rate of fee exceeded the amount alleged by the client. (c) Contingent Fees. A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by Section (d) of this rule, or by other law or court rules or decisions. A contingent fee agreement will be in writing and will include the disclosure required under Alaska Rule of Professional Conduct 1.4(c) and state the method by which the fee is to be determined, including: * * * * DATED: July 9, 1998 EFFECTIVE DATE: January 15, 1999 ______________________________ Chief Justice Matthews ______________________________ Justice Compton ______________________________ Justice Eastaugh ______________________________ Justice Fabe ______________________________ Justice Bryner