Sorted by Commenter - Ethics - State of California

RRC – Rule 1.5 [4-200]
E-mails, etc. – Revised (6/1/2010)
5. In proposed Comment [9], I suggest that we consider the last sentence further. The
wording of it implies that client confusion occurs at the time the fee agreement is made. That
typically is not the mindset of a client at the time of hiring the lawyer. The question whether to
terminate the lawyer-client relationship is not usually something that arises at the time the client
hires the lawyer. Instead, it arises later, when there are disagreements between the lawyer and
the client. Then, the client might look at the fee agreement and decides that he or she cannot
end the employment of the lawyer because the money for fees has already been spent. I
suggest that the “because” clause be changed:
. . . because clients who have entered into an agreement for a flat fee paid in
advance may not later understand that they can terminate the lawyer-client
relationship and, depending on the circumstances, might be entitled to claim a
refund if they have terminated the relationship or if the lawyer has failed to
perform the services required under the agreement.
RRC - 4-200 [1-5] - E-mails, etc. - REV (06-01-10).doc -160-
Printed: June 2, 2010