Sorted by Commenter - Ethics - State of California

. .
, "
(14) The Proposal impacts the economic viability of small law firms and the practice of
large firms. If the lawyer agrees to an flat fee" that is
received and substantially underestimates the legal work, he will certainly not be
terminated by the client. However, when the lawyer through skill and ability has
in a short time obtained a significant result that is not outcome-determinative in an
ongoing case, the Rule encourages clients to terminate the representation without
cause and obtain a refund of a flat fee" that under this
Proposal would no longer be "the lawyer s property" or property to
lawyer is entitled.
The Commission also
changes are adopted and approved by the California Supreme Court, what will happen to
the hundreds if not thousands of partially
the simple answer that they
retroactively? Putting aside for the , what can
possibly be done about these partially performed contracts, some of which may require
legal services for two or , for example, an agreement
representation in federal Habeas Corpus proceedings? Will the lawyer
alter partially performed contracts? What will happen
alteration or the lawyer would not have initially entered into the agreement in its altered
form? How will the
combinations of potential
example where the actual practice of law has been
theoretical reforms.
The proposed new Rule , essentially prohibits
nonrefundable fees for performing , it
Lawyers are urged to use the State Bar fee forms (. . . J.
the ' gold standard. ' The
arbitrators. If an expert
, blessed and familiar to fee
agreement, it' s a stronger case if it's the sanctified State Bar fee agreement.
" Diane Karpman Time for tuning up those fee agreements California
Bar Journal (February 2010)
Paragraph (e) is irreconcilably inconsistent with the existing and widely-used " fixed fee
clause" at pp. 30-31 of "The State Bar of California
Forms" available at:
http://www.calbar.ca.gov / F orms. pdf.
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