Sorted by Commenter - Ethics - State of California

the Commission s proposed paragraph e
shall not charge, contract for or collect a , except for a
true retainer. . . After public comment, the Commission revised paragraph
(t) (now lettered "(e)") to also permit nonrefundablejlat fees, so long as the
requirements set forth in paragraph e
believes the changes
criminal defense bar. " Dashboard
A cynic might ask: , why did they divine this
about the state of mind of the opponents rather than picking up the phone or sending an
email and asking those dedicated lawyers who
2008 abandoned proposed Rule I. Set)?
As , the Proposal
criminal defense bar or other , it creates a
significant problems for many
including entertainment law, matrimonial/divorce, immigration law, civil litigation
securities, tax, real estate, and appellate, to name a few) and their clients. There are
significant policy , including
unnecessary interference in , the generation of increased
client bar complaints, arbitration , the substantial
impact on small and , increased unnecessary
keeping, the resulting increase in legal fees and the need to preserve
legal services to the people of California including consumers of low, fixed fee services
as well as to protect the constitutional rights of
lawyer of their choice.
Section (e)(2) - "Nonrefundable" Flat Fee Complete
Payment" For "Specified Legal Services
As supra the
nonrefundable flat fee if it complete payment" for "specified
services." Proposed Rule
the entire Rule (to ban nonrefundable retainers) and Comment (S), however, it is readily
apparent that those "specified legal services " actually cover fees for
could be rendered during the entire duration of the case, including trial. This
stakeholders included the Los Angeles County Bar Association
association with SO , 176 members).
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