Sorted by Commenter - Ethics - State of California

Similarly, the
accepts one case that requires a substantial
other attorneys in the office, causing other cases necessarily to be turned do~n
the time is not available. A lawyer
time. Often when a
working on that case, the lawyer adjusts his or her schedule and refuses to represent and
participate in other
necessary to work on the client' s case. The Commission s narrow definition of the "true
retainer (in , often
significantly compensate the
lawyer/client relationship without cause. The client , but
the lawyer in order to keep the
desirable legal work.
retainers or a flat fee subject to a
contract fairly. It turns representation
to the client and threatens the
planning of large firms.
The Proposal Is A Source Of Ambiguity And Confusion
Requiring California lawyers on the pain of discipline to include specific language
(some of which is) set out in the rules (and some not) is both a trap for the unwary and a
source of confusion. The point of fee ~ client
always been to write them so that a
They should be written simply, made as short as possible, and in plain language, not
legalese, covering the important points. 44
agreement is, the less likely it is going to be (a) read or (b) understood.
44 Commissioner V oogd
a thirty page
contract that is not read and in substance screws the client."
to drafters, he stated:
, 2009 email
I find it difficult to make
find the general
existing ABA rule. However, a few comments may be appropriate. . .
2. If you are going to buy into the Washington approach, you might as well
go whole hog, including form language and specified type size. My concern
is that you
substance screws the client.
the attorney should advise the client that the terms and conditions of the
173