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
RRC - 4-200 1-5 - Public Comment Chart - By Commenter - DFT3.1 (10-21-09)RD-KEM-AT-RD.doc
Comment RRC Response
fee in many cases.
Disallowing non-refundable fees works
against the goal in family law of quick
resolution of the case.
Disproportionate negative impact on low
income people.
Fixed fee gives client certainty and permits
retainer of a lawyer for an acceptable and
affordable amount.
23 Langford, Carol M. D Rule 1.5(d) should not use the word
“unconscionable” because it conflicts with
sections 6147 and 6148 of the CA Bus & Prof
Code, which set a “reasonable” standard for
attorneys’ fees.
The “unconscionable” standard is inconsistent
with the ABA Model Rules, which require
attorneys’ fees to not be “unreasonable”.
The “unconscionable” standard has not been
applied consistently in California, as a number
of courts have equated it with the
“unreasonable” standard.
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.
Commission’s recommendation for paragraph (a) of
the Rule is to retain the prohibition on an
“unconscionable or illegal” fee, in part, because the
Commission has considered existing California case
law and supports the policy reflected in that case
law. Sections 6147 and 6148 govern the
enforceability of a fee agreement, which is a civil
matter as the Supreme Court stated in Herrscher v.
State Bar, while this Rule governs professional
discipline.
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