Sorted by Commenter - Ethics - State of California

" "
On , Paragraph
flat fees" as the
nonrefundable
effort to dress up the ban on
palatable to the critics fails and
client. See discussion in section (E) below
with section (e
The Proposal is A Solution in Search of A Problem.
The Proposal
problem. There simply
from the
which would be remedied by ~ change. With , the
, I
Commission offers a one-sentence rationale
ancient cases:
Paragraph (e) has no
Commission
nonrefundable fee is inimical to California s strong policy of
19 In support , the
seventy-plus year old
nonrefundable retainers; rather, they both dealt with the unconscionability standard. See
Agenda Item re: Proposed New and Amended Rules of Professional Conduct of the State
Bar of California, Batches 1 , 2, and 3 - , Attachment 1
64 (October 23 , 2009); Herrscher v. State Bar Cal. 2d 399, 402 (1934) and
Goldstone v. State Bar 214 Cal. 490, 498 (1931).
was:
20
The
Although we
professional services may with
judgment of the attorney performing the services, we are of the opinion that
if a fee is charged so exorbitant and wholly disproportionate to the services
performed as to shock the
called, such a case warrants disciplinary action by this court.
20 The ABA Model
nonrefundable fees" and "earned
upon receipt fees. See also RESTATEMENT (THIRD) OF THE
944, cmt.(fJ (2000) ("if a payment to a lawyer is a flat fee paid in advance rather
deposit out of which fees will be paid as they , the payment belongs to the
lawyer" and need not be deposited in a client trust account).
157