Third, lawyers have an obligation under the rules to refund
unearned fees at the conclusion of the matter.
Since the lawyer has no access to the client's money until he is paid in full by the platform, he is unable to fulfill his obligation to refund
any unearned fees at the conclusion of the matter.
Not exact matches
Loans can be prepaid
at any time with a rebate of
unearned fees, repaid in installments, or repaid in one lump sum.
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.
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.
What kind of language can I include in my retainer agreement that will allow me to keep the full
fee if the case does not go to trial (and arguably,
at least some of the
fee is «
unearned»)?
At issue was the intent of a provision of the Real Estate Settlement Procedures Act prohibiting
unearned fees.
Looking
at the plain language of § 2607 (b), the Court found that this section «unambiguously covers a settlement - service provider's splitting a
fee with one or more other persons; it can not be understood to reach a single provider's retention of an
unearned fee.»