Sorted by Commenter - Ethics - State of California

No. Commenter Position 1
Comment
on Behalf
of Group?
Rule 1.5 Fees for Legal Services.
[Sorted by Commenter]
Rule
Paragraph
Comment RRC Response
Rather than protecting the client’s entitlement
to a refund of the proposed “flat fee” (see
Proposed Rule 1.5(e)(2)(v)), Paragraph
1.5(e)(2) actually will deprive the client from
ever receiving a refund if these funds are the
subject of any federal or state seizure,
jeopardy assessments, restraining order or
forfeiture, or even attachment by potential
creditors. The lawyer cannot return all or part
of the fee to the client because the seizing
agency will be entitled to any fee refund.
Paragraph (e)(2) exposes lawyers performing
all types of legal services to extrinsic litigation
or significant financial risk by facilitating the
restraint and/or seizure of fees if any client
has a potential criminal or bankruptcy problem
or has a dispute with the IRS, the Franchise
Tax Board, the S.E.C., or is the potential
target of a civil or criminal forfeiture or
restraining order, or is vulnerable to potential
creditors’ claims.
Because Paragraph 1.5(e)(2) will substantially
increase the risk of attorney fee forfeiture or
civil seizure, compliance with Paragraph (e)
deprives those accused of crimes of their
constitutional rights to retain the lawyer of
their choice and many civil clients of their
ability to retain counsel.
RRC - 4-200 1-5 - Public Comment Chart - By Commenter - XDFT1.1 (5-26-10) doc.doc Page 13 of 28 Printed: 5/26/2010
47