Sorted by Commenter - Ethics - State of California
Sorted by Commenter - Ethics - State of California
Sorted by Commenter - Ethics - State of California
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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 />
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 />
or retention <strong>of</strong> a purportedly non-refundable<br />
fee is typically handled as either a fee<br />
arbitration matter or, in egregious cases<br />
where the legal employment has terminated,<br />
as a failure to return unearned fees in<br />
violation <strong>of</strong> current Rule 3-700(D)(2).<br />
40 Stepanian, Michael D 1.5(f) will require experienced criminal<br />
attorneys to jump through hoops for their fees<br />
<strong>by</strong> eliminating their ability to negotiate and<br />
resolve cases through the rapport they have<br />
established in the pr<strong>of</strong>ession.<br />
Chart explanation <strong>of</strong> paragraph (e) <strong>of</strong> the rule.)<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 />
284