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
“completion” of services. This paragraph
adds uncertainty (which will certainly promote
fee disputes) and promotes the problem
identified in the preceding paragraph.
11 Barry Tarlow D No 1.5(e) Rule 1.5(e), essentially prohibiting nonrefundable
retainers for almost all legal
services, will drastically impact the economics
of practicing law in California as well as the
ability of people in need of representation to
obtain legal services.
Considering the significance of the 2009
revisions to Rule 1.5(e)(1)-(2) I am especially
concerned that in apparent violation of State
Bar Rule 1.10(A) this novel version of Rule
1.5(e)(1)-(2) prepared by the Commission for
the Revision of the Rules of Professional
Conduct was neither publicized nor
disseminated, in any manner prior to its
property immediately on receipt; (iv) that the
fee agreement does not alter the client’s
right to terminate the client-lawyer
relationship; and (v) that the client may be
entitled to a refund of a portion of the fee if
the agreed-upon legal services have not
been completed.
The Commission did not make the requested
revision, in part, because the Commission believes
that charging a non-refundable fee is inimical to
California’s strong policy of client protection. (See
also proposed Rule 1.5 Model Rule Comparison
Chart explanation of paragraph (e) of the rule.)
To address the commenter’s concerns but still
provide for enhanced client protection, the
Commission revised the approach to advance fee
payments in paragraph (e) of the Rule to provide as
follows:
(2) a lawyer may charge a flat fee for specified
legal services, which constitutes complete
payment for those services and may be paid
in whole or in part in advance of the lawyer
providing the services. If agreed to in
advance in a writing signed by the client, a
flat fee is the lawyer’s property on receipt.
The written fee agreement shall, in a
manner that can easily be understood by
the client, include the following: (i) the scope
RRC - 4-200 1-5 - Public Comment Chart - By Commenter - XDFT1.1 (5-26-10) doc.doc Page 16 of 28 Printed: 5/26/2010
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