![]() ![]() Attorney maintained two office bank accounts: a "Fee Account" in which all fees were deposited and from with all office expenses were paid. Attorney received $800 from Deft of which $300 was a deposit to secure Attorney's fee and $500 was for bail cost in the event that bail was obtained. The agreed fee for the appearance on the bail hearing was $50 per hour. ![]() D.No, because Attorney required an advanced payment against her fee.ĭeft retained Attorney to appeal Deft's criminal conviction and to seek bail pending appeal. C.No, because Attorney's failure to withdraw her fees as billed resulted in an impermissible commingling of her funds and Client's funds. B.Yes, because Attorney rendered periodic and accurate billings. Was Attorney's conduct proper? A.Yes, because Attorney deposited the funds in her clients' Trust Account. Attorney wrote two checks on her Clients' Trust Account: one to herself for $4,500, which she deposited in her general office account, and one for $500 to Client. At the time, Attorney had billed Client reasonable legal fees of $4,500. However, Attorney did not withdraw any of the $5,000 advance until one year later when the matter was concluded to Client's complete satisfaction. Thereafter, Attorney rendered monthly progress reports and statements for services to Client after services were rendered, showing the balance of Client's fee advance. Attorney deposited the entire fund in her Clients' Trust Account, which also contained the funds of other persons which had been entrusted to Attorney. The agreement was silent as to whether the $5,000 advance was to be deposited in Attorney's Clients' Trust Account or in a general account. The agreement further provided that Attorney would render monthly statements and withdraw her fees as billed. D.No, because Alpha returned the $1,000 retainer to Passenger.Īttorney and Client entered into a written retainer and hourly fee agreement that required Client to pay $5,000 in advance of any services rendered by Attorney and which required Attorney to return any portion of the $5,000 that was not earned. C.No, because Passenger's suit was filed before the statute of limitations ran. B.Yes, because Alpha neglected the representation of Passenger. Is Alpha subject to discipline? A.Yes, unless Alpha's time was completely occupied with work for other clients. Alpha, upon Passenger's demand, refunded the $1,000 Passenger had paid. Beta advised Passenger that the statute of limitations would run in one week and, with Passenger's consent, immediately filed suit for Passenger. After ten months has passed, Passenger went to Attorney Beta for advice. Passenger was told not to worry because Alpha would look after her interests. Passenger called Alpha's office but was told Alpha was not in and would not call back. Meanwhile, Passenger became concerned because she had heard nothing from Alpha. Alpha continued to put off talking to the lawyer for the bus company. Alpha made an appointment to talk to the lawyer for the bus company but did not keep the appointment. Alpha promptly called the lawyer for the bus company and told him she was representing Passenger and would like to talk about a settlement. Passenger paid Alpha retainer of $1,000 and agreed further that Alpha should have a fee of 25% of any recovery before filing suit, 30% of any recovery after suit was filed but before judgment, and 35% of any recovery after trial and judgment. Attorney Alpha was retained by Passenger, a passenger on a bus, who had been injured in a collision between the bus and a truck.
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