Sorted by Commenter - Ethics - State of California

STROOCK
April 2, 2010 Michael F. Perlis
Direct Dial 310-556-5821
Direct Fax 310-407-6321
Rex Heinke (District 7, #2)
Vice- President
Akin Gump
2029 Century Park East, Suite 2400
Los Angeles, CA 90067
Re: Proposed New Rule of , Rule 1.5(e)(4-200) (Fees for Legal
Services), Abolishing Non-refundable
Dear Rex:
I wanted to
Proposed New Rule of 200) (Fees
Abolishing Non-refundable Retainers).
In my view, the Rule benefits neither clients nor attorneys; but only those who would seek
to deprive individuals potentially in the need of legal representation from the
obtain it. As a
Commission, and prosecutor, I fully understand the propensity of the government to seek
asset freezes (often times ex parte) and oppose efforts to secure funds for legal representation
by thbse accused either civilly or criminally for violations oflaw.
The Rule proposing the abolition of
deprive the people of the ability to
who are already involved on behalf of those individuals to become involuntary pro bono
advocates. Neither alternative is an appropriate avenue.
In practice, the nonrefundable retainer as it currently operates, does not do a disservice to
the client. . Attorney overreaching is readily remedied and most attorneys
prepared to return unused portions of retainers where it
them.
LA 51253795vl
STROOCK & STROOCK & LAVAN LLP . LOS
2029 CENTURY PARK EAST, LOS ANGELES , CA 90067- 3086 TEL 310. 556. 5800 FAX 310. 556. 5959 WWW. STROOCK. COM
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