Sorted by Commenter - Ethics - State of California
Sorted by Commenter - Ethics - State of California 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 1 Anonymous D Criminal practitioners are often unable to collect fees as it is. Defendants have options should they be misrepresented. Agrees with Barry Tarlow’s comments. RRC - 4-200 1-5 - Public Comment Chart - By Commenter - DFT3.1 (10-21-09)RD-KEM-AT-RD.doc Comment RRC Response 1 A = AGREE with proposed Rule D = DISAGREE with proposed Rule M = AGREE ONLY IF MODIFIED NI = NOT INDICATED TOTAL = 42 Agree = 3 Disagree = 39 Modify = 0 NI = 0 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 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. 252
No. Commenter Position 1 Comment on Behalf of Group? Rule 1.5 Fees for Legal Services. [Sorted by Commenter] Rule Paragraph 2 Bloom, Allen D Non-refundable and fixed fee arrangements (1) provide certainty to the client; (2) provide better and full service to the client because the client need not weigh the benefits of pursuing a particular meritorious motion or legal task against what it would cost; (3) increase access to the attorney because a client will not be billed for communications with the attorney. A non-refundable fee agreement is not something the client must accept; the client is always free to hire a different lawyer. A client may refuse arbitration in a dispute regarding a refundable fee agreement while an attorney must accept an arbitration in a dispute regarding a non-refundable fee agreement. The problem of unscrupulous attorneys can occur in any billing system. 3 Boltax, Jack J. A 1.5(f) will prevent predatory practice of retained attorneys refusing to refund a fee after subbing in for a court appointed attorney who has already negotiated a plea bargain. RRC - 4-200 1-5 - Public Comment Chart - By Commenter - DFT3.1 (10-21-09)RD-KEM-AT-RD.doc Comment RRC Response 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 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. No response necessary. 253
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No. <strong>Commenter</strong> Position 1<br />
Comment<br />
on Behalf<br />
<strong>of</strong> Group?<br />
Rule 1.5 Fees for Legal Services.<br />
[<strong>Sorted</strong> <strong>by</strong> <strong>Commenter</strong>]<br />
Rule<br />
Paragraph<br />
1 Anonymous D Criminal practitioners are <strong>of</strong>ten unable to<br />
collect fees as it is.<br />
Defendants have options should they be<br />
misrepresented.<br />
Agrees with Barry Tarlow’s comments.<br />
RRC - 4-200 1-5 - Public Comment Chart - By <strong>Commenter</strong> - DFT3.1 (10-21-09)RD-KEM-AT-RD.doc<br />
Comment RRC Response<br />
1 A = AGREE with proposed Rule D = DISAGREE with proposed Rule M = AGREE ONLY IF MODIFIED NI = NOT INDICATED<br />
TOTAL = 42 Agree = 3<br />
Disagree = 39<br />
Modify = 0<br />
NI = 0<br />
To address the commenter’s concerns but still<br />
provide for enhanced client protection, the<br />
Commission revised the approach to advance fee<br />
payments in paragraph (e) <strong>of</strong> the Rule to provide as<br />
follows:<br />
(2) a lawyer may charge a flat fee for specified<br />
legal services, which constitutes complete<br />
payment for those services and may be paid<br />
in whole or in part in advance <strong>of</strong> the lawyer<br />
providing the services. If agreed to in<br />
advance in a writing signed <strong>by</strong> the client, a<br />
flat fee is the lawyer’s property on receipt.<br />
The written fee agreement shall, in a<br />
manner that can easily be understood <strong>by</strong><br />
the client, include the following: (i) the scope<br />
<strong>of</strong> the services to be provided; (ii) the total<br />
amount <strong>of</strong> the fee and the terms <strong>of</strong><br />
payment; (iii) that the fee is the lawyer’s<br />
property immediately on receipt; (iv) that the<br />
fee agreement does not alter the client’s<br />
right to terminate the client-lawyer<br />
relationship; and (v) that the client may be<br />
entitled to a refund <strong>of</strong> a portion <strong>of</strong> the fee if<br />
the agreed-upon legal services have not<br />
been completed.<br />
252