Sorted by Commenter - Ethics - State of California

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No. Commenter Position 1 Comment on Behalf of Group? Rule 1.5 Fees for Legal Services. [Sorted by Commenter] Rule Paragraph Comment RRC Response seems to be on the way to a speedy result that will end the case on a favorable note for the client, the client can pull out of the “flat fee” contract, fire the attorney, and demand a substantial refund. There is no such thing as a “flat” fee when one party to the contract can void it at will. RRC - 4-200 1-5 - Public Comment Chart - By Commenter - XDFT1.1 (5-26-10) doc.doc Page 28 of 28 Printed: 5/26/2010 62
RRC – Rule 1.5 [4-200] E-mails, etc. – Revised (6/1/2010) May 5, 2010 McCurdy E-mail to Drafters (Vapnek & Ruvolo), cc RRC: Rule 1.5 Codrafters (VAPNEK, Ruvolo): The public comments received to date on this rule are attached in a combined PDF. I’ve also provided a Word copy of the draft public commenter chart with the comment synopses filled in. To keep pace with the comments being received, please consider beginning to add the RRC responses, and if desired, modifications to the synopses. Of course, more comments continue to be received each day, and we will convey updated information periodically in order to keep abreast of the public comment review in anticipation of the work being carried out at your June 4 & 5, and June 25 & 26 meetings. Attached: RRC - 4-200 [1-5] - Public Comment Chart - By Commenter - XDFT1 (4-22-10).doc RRC - 4-200 [1-5] - Public Comment Complete - REV (05-05-10).pdf May 14, 2010 McCurdy E-mail to Drafters, cc RRC: Rule 1.5 Codrafters (VAPNEK, Ruvolo): Three additional public comments have been received for this rule, bringing the total comments to 15. I’ve attached an updated comment compilation which is current. An updated public commenter chart, but the SDCBA comment has not yet been added to the public commenter chart. Here are the instructions from the assignment agenda for all post public comment rules: INSTRUCTIONS: For each rule listed below that has received three or more comments/testimony, the codrafters are assigned to review the comments/testimony received and to prepare a revised draft rule, if any revisions are recommended, and a Public Commenter Chart with RRC responses, for submission to staff by 12 noon on Tuesday, May 25, 2010 to distribute with the June 4 & 5 meeting agenda materials. An updated Dashboard, Introduction, and Model Rule comparison chart are also needed to complete the rule; however, the codrafters have the discretion of waiting until the end of the public comment period (on June 15th) to begin work on these documents. Additional comments will be sent to each drafting team by e-mail as they are received. Where three or more comments have been received, materials are enclosed for codrafters. Rules that have received less than three comments/testimony will not be considered until the June 25 & 26 meeting. Attached: RRC - 4-200 [1-5] - Public Comment Chart - By Commenter - XDFT1.1 (05-14-10).doc RRC - 4-200 [1-5] - Public Comment Complete - REV (05-14-10).pdf May 19, 2010 McCurdy E-mail to Drafters, cc RRC: Two additional comments have been received for this rule since my last message, bringing the total number of comments to 17. Here’s an updated comment compilation and an updated public commenter chart. RRC - 4-200 [1-5] - E-mails, etc. - REV (06-01-10).doc -124- Printed: May 26, 2010 63
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STROOCK April 2, 2010 Michael F. Pe
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MORTIMER L. LASKI' KENNETH G. GORDO
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Mr. Howard Miller April 8 , 2010 Pa
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unaware 2 of this new rule or that
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BARRY TARLow. BLAIR BERK MARK O. HE
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4, The Proposal a. Comment b. 5. Th
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arrangement, has always been subjec
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(7) (8) (9) (10) (11) (12) (13) Par
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edefines a widely accepted , and in
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alone seek to prohibit , no version
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meeting reflects that there was no
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II. ANAL YSIS OF THE SUBSTANTIVE PR
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Responsibility and Conduct 10 They
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. . " " I suggest we . . . have a c
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agreed hourly or by an whether the
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" " On , Paragraph flat fees" as th
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arrangement with the inclusion of a
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agreement, that result in the refun
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the Commission s proposed paragraph
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true if the fee anything but an abs
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Restraining orders, fee forfeitures
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fee is "the lawyer s property on re
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Under the revised Proposal, the fee
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Similarly, the accepts one case tha
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minimum fee that is a payments or a
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Champion (May 2004); Tarlow Fee For
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July 10, 2007 Memo from the Board o
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the work has been completed and aft
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BIOGRAPHY Page scholar " the "ultim
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Date: April 22, 2008 MEMORANDUM To:
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the country. The issue is of substa
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□ ABA Model Rule substantially ad
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COMMISSION FOR THE REVISION OF THE
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Nothing in the intervening 75 years
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Should it be Deposited?, 1 Fla. Coa
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ABA Model Rule Rule 1.5 Fees (1) th
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ABA Model Rule Rule 1.5 Fees (b) Th
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ABA Model Rule Rule 1.5 Fees (e) A
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ABA Model Rule Rule 1.5 Fees Commis
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ABA Model Rule Rule 1.5 Fees Commen
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Terms of Payment ABA Model Rule Rul
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(a) A lawyer shall not make an agre
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Non-refundable Fee [1B] Paragraph (
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[9] Paragraph (e)(2) describes a fe
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(2) a contingent fee for representi
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[5] An agreement may not be made wh
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(1) a lawyer may charge a true reta
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[5] An agreement may not be made wh
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This concept comes out of early cas
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criminal cases but not in matrimoni
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In civil matters, New York lawyers
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“obtained in advance of the rende
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No. Commenter Position 1 Comment on
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No. Commenter Position 1 37 Santa C
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No. Commenter Position 1 39 State B
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ARBITRATION ADVISORY 01-02 RRC - Ru
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Sorted by Commenter - Ethics - State of California

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