After Being Charged with Assault Arising from a Bar Fight

After being charged with assault arising from a bar fight, a client contacted an attorney about retaining his services. The attorney offered to represent the client for $175 per hour if the client paid a $5,000 retainer that the attorney would bill against. As part of the offer, the attorney stated that he would "discount" the hourly to $110 per hour if a plea agreement was reached that required less than one year in confinement. Why is the fee agreement a violation of the Model Rules?

A) Because the fee is unreasonable.
B) Because it is a contingent fee agreement in a criminal case.
C) Because the retainer is unreasonable.
D) None of the above.

Correct Answer:

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