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
Comment RRC Response
Proposed Rule that it is not a violation of the
rules of professional responsibility to place the
retained funds in the general account in
criminal defense matters. This would alleviate
concerns of the State Bar, of the chilling
effects that a non-refundable retainer would
have in the eyes of the client, thinking that
they cannot change counsel. Yet, this
amendment would allow criminal defense
attorneys to continue to maintain an active
law office. If the funds are placed in trust, it
would hamper the everyday operations of the
criminal law office.
7 Mark Borden D No 1.5(e) If adopted, Paragraph (e) will fundamentally
alter the practice of law in California, create
unnecessary complexity and confusion,
seriously undermine the attorney-client
relationship, and prevent many clients from
obtaining representation. It is contrary to the
interests of the two groups who are most
affected, the lawyer and their clients.
Commenter’s letter contains 14 examples of
potential negative impacts concerning the
Proposed Rule.
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.
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 written fee agreement shall, in a
manner that can easily be understood by
the client, include the following: (i) the scope
RRC - 4-200 1-5 - Public Comment Chart - By Commenter - XDFT1.1 (5-26-10) doc.doc Page 7 of 28 Printed: 5/26/2010
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