If you do, the portion representing as - yet -
unearned fees needs to be earmarked in the books as still being subject to refund to the client if it is never earned.
Not exact matches
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.
73 DOS 95 Matter of DOS v. Marotta - consolidation of actions; dual agency; disgorgement of broker commission; broker may act concurrently in a single transaction as an agent and a principal with informed consent of and full disclosure to principal; broker's agreement breached by broker where broker obtained property incompatible with client's stated
needs; no broker's
fee earned where brokerage agreement breached by broker; broker engaging in business under trade name acts as individual; agency created between broker and buyer by conduct of parties; dual agency allowed upon full disclosure and informed consent of both buyer and seller; no commission earned by broker where breach of fiduciary duty; refund
unearned commissions