Sorted by Commenter - Ethics - State of California

(3)
(4)
(5)
(6)
some form of
exceptions to Paragraph (e)'s ban on nonrefundable retainers in (e)(1)-(2)).
There is no identifiable
resulting from the current rules that
retainer or that would be remedied by this sweeping change.
The Proposal ignores the fact that in
continued use of the nonrefundable retainer "earned when paid" as an
fee arrangement. The Board of fixed
fees flat fees " and "nonrefundable retainers" to be earned when paid, with title
immediately transferring to the
explicitly spelled out the arrangement with the inclusion of an
that such fees paid in advance of legal services are "earned when paid.
Paragraph (e)(1) (a true
nonrefundable retainer as a minimum fee to
will also be credited for future
amount of the retainer. Rule
ability to contract in a way that is
would refuse) and prevents the lawyer from
earned when received if he does any legal work while waiting for a case to be filed
or rejected.
Paragraph (e)(2)
nonrefundable flat fee" to cover fees for the entire length of the case, including
trial. Since flat fee should cover
administrative evidentiary hearing) that often cannot be reasonably predicted prior
to being retained, the
contingencies is refundable, at least until the time that the contingencies occur,
See Request That the Supreme Court of California Approve Amendments. .
Rules of Professional Conduct " October 1992, page 9.
Although the proposed fixed fee,'
flat fee' or ' nonrefundable fee,' such types of retainer fee
permissible under the , such fees would
required to be placed in the member s client trust unless the member
written attorney-client fee , paid in
advance of the provision oflegal services, are earned when paid.
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