The court cited a list of wrongdoings, including failing to properly represent 15 clients, not
returning unearned fees, stealing settlement funds from half a dozen clients, misusing his IOLTA account, and failing to cooperate with the investigation into his disciplinary case.
Placide also failed to deposit advance funds received from the outside clients in a lawyers trust account, and she couldn't
return unearned fees on at least one occasion because they weren't held in a trust account, the court said.
In most circumstances CAP tells consumers that lawyers must
return any unearned fee when they are discharged or withdraw.
Not exact matches
Full compliance with the rule is absolutely required; an attorney may not fail to
return the client's file or
unearned fees even if the client asks them to continue the representation.
Even in a flat
fee case, it is theoretically possible for
fees to remain
unearned at the conclusion of the matter, and thus the lawyer would need to
return them but has no access to them.
A client should ask for an itemized bill and
return of the
unearned fee when the attorney is discharged.