(Download) "Matter Edward M. Cooperman (Admitted As Edward Michael Cooperman)" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter Edward M. Cooperman (Admitted As Edward Michael Cooperman)
- Author : Supreme Court of New York
- Release Date : January 25, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This proceeding presents the issue of the validity of "nonrefundable fee" and "minimum fee" retainer agreements. Although such agreements have traditionally been subject to great criticism, their legality has never been directly addressed by this Court. We now address this question, and in doing so, we find a distinction between "nonrefundable fee" agreements and "minimum fee" agreements. "Nonrefundable fee" agreements, by definition, allow an attorney to keep an advance payment irrespective of whether the services contemplated are rendered. By contrast, a "minimum fee" agreement is a forecast by the attorney of the minimum amount that a client can expect to pay in order for the attorney to represent the client to completion in the contemplated matter. If the attorney is discharged prior to completion, but after entering into a "minimum fee" agreement, he or she is entitled to payment in quantum meruit. We now hold that the use of a "nonrefundable fee" retainer is unethical and it is violative of an attorneys obligations under the Code of Professional Responsibility to refund unearned fees upon his or her discharge.