Sorted by Commenter - Ethics - State of California

ABA Model Rule
Rule 1.5 Fees
Commission’s Proposed Rule *
Rule 1.5 Fees for Legal Services
scope of the services to be provided; (ii)
the total amount of the fee and the terms
of payment; (iii) that the fee is the lawyer's
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.
(f) A lawyer shall not make a material
modification to an agreement by which the
lawyer is retained by the client that is adverse
to the client's interests unless the client is
either represented with respect to the
modification by an independent lawyer or is
advised in writing by the lawyer to seek the
advice of an independent lawyer of the client's
choice and is given a reasonable opportunity
to seek that advice.
Explanation of Changes to the ABA Model Rule
romanettes in the subparagraph will operate to prevent abuses of
the flat fee exception and avoid the problems envisioned by the
defense bar. As with subparagraph (1), much of the language
used in subparagraph (2) is derived from Washington Rule 1.5(f).
See the Public Comment chart for a complete list of the members
of the California criminal defense bar who submitted public
comment on proposed Rule 1.5.
Paragraph (f) addresses fee agreement modifications that occur
during the course of a representation. Paragraph (f) has no
counterpart in the Model Rule and was adopted by the Board of
Governors based upon a recommendation of a minority of the
Commission. In response to Board member concerns about the
Commission’s initial proposal for limited applicability of Rule 1.8.1
to fee agreement modifications, paragraph (f) was drafted and
garnered the support of a minority of the Commission. The
minority drafted paragraph (f) to afford new public protection by
prohibiting a lawyer from making a material fee agreement
modification that is adverse to a client’s interests unless: (1) the
client is represented by an independent lawyer regarding the
modification; or (2) the lawyer advises the client in writing to seek
the advice of an independent lawyer and is provided a reasonable
opportunity to do so. Fee agreement modifications that are not
adverse to a client’s interests are not prohibited by paragraph (f)
and, in this regard, there are new comments that provide guidance
for applying the rule. See also Explanation of Changes for
Comments [3] – [3C].
RRC - 4-200 1-5 - Compare - Rule Comment Explanation - DFT5 1 (02-08-10)KEM-ML-RD-KEM.doc {Note: Green/Italic text in the middle column indicates Model Rule text that has been moved rather than stricken.}
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