Wednesday, December 17, 2008

Improper Retainer Agreement Draws Admonition

A Virginia attorney has received a public admonition with terms for using language in a retainer agreement in a federal bankruptcy matter that sought to make his fees nonrefundable and to obtain unreasonable fees, to require prepayment for copying pleadings if terminated, to prospectively limit malpractice liability and to forego ethical obligations to escrow fees until earned. The specific improper language of the retainer is set forth in the adminition. the terms require the attorey to cease and desist from using such provisions, read Virginia ethics opinion 1606 and all opinions that cite it, and to certify his compliance with these conditions under oath to Deputy Bar Counsel. (Mike Frisch)

Bar Discipline & Process | Permalink

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