Publication Date

Fall 1995

Journal

Universtity of Cincinnati Law Review

Abstract

In the short span of time since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. The alacrity with which the New York rule is being embraced may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Not only has there been a sharp decline in applications to law schools, but intense public scrutiny has been generated by tort system abuses associated with the use of contingency fees, the class action device, and lawyer billing practices. In this milieu, it is not surprising that so many commentators are interested in the debate over nonrefundable retainers and that legitimate questions should be raised about the proper scope of the ban.

Volume

64

Issue

1

First Page

11

Last Page

70

Publisher

University of Cincinnati College of Law

Keywords

Legal Profession, Professional Ethics in Law, Money, Remedies

Disciplines

Law | Legal Ethics and Professional Responsibility | Legal Profession | Legal Remedies

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