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
refundable fee or non-refundable retainer and
a true retainer.
Comment [6] should include a clarification that
the rule does not apply to the attorney
withdrawing from representation for nonpayment
of attorney fees by the client,
assuming the attorney complies with the rules
for termination of the attorney-client
relationship.
38 Sevilla, Charles D Current rules on excessive fees are sufficient.
Non-refundable fees are beneficial to a
criminal defendant by providing certainty to
the client while insuring access to attorney
services.
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.
In addition, Comment [13] contains discussion
regarding what constitutes a “true” retainer and
Comment [14] contains discussion regarding what
constitutes a “flat fee.”
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
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