Sorted by Commenter - Ethics - State of California

owns the s property on
erroneously asserted to be in paragraph (e)(2).
Moreover, by
changing the existing requirements as to what can or must be deposited in a client trust
account and what cannot (see discussion at pp. 17- supra; see also Comments (8), (9),
(11)), the Proposal creates a trap for even experienced members of the Bar acting in good
faith but unfamiliar
inferentially required by section (e
The Proposal and The Economic Viability of Firms: "Get it in Front
or You Will Get it in the End"
Lawyers using
are expended on a case. Experience has
more , the criminal defense bar and
themselves in a troubling
fixed fee that is earned when received and substantially underestimates the work, he will
certainly not be terminated by the client. However, if the lawyer through skill and ability
has prevailed in an important part of the case that is not outcome-determinative, the client
can then terminate the representation without cause and obtain a refund
portion of the fixed fee that under the lawyer
property" or property to which the lawyer is entitled.
The Proposal fails to: (1)
obtain a superior result despite spending only a small amount of time on the matter than a
less capable, less accomplished attorney would achieve after spending numerous hours of
unnecessary litigation, (2) help firms
before the client changes to
representing other potential clients involved in the case, and (3) young criminal defense
lawyers learn early on that a nonrefundable
economic viability of an active criminal practice. Failure to arrange
that is truly earned when received is an
been characterized as "Get it in front or you will get it in the end. See Tarlow Five
Important Words on Fee Forfeiture: Getting It in the End The
If the client demands the refund under the proposed provisions at a time after the
lawyer has paid taxes on the money, what does the lawyer put in the trust account?
fee paid by the client or the fee less the taxes? What
and does not have excess funds to deposit?
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