Retainer held by law firm can be garnished 
Published: August 25, 2011
Tags: divorce, garnishment, retainer
State law allows the garnishment of the unearned portion of a retainer held by a law firm, the Colorado Court of Appeals has ruled in affirming judgment.
‘Open-ended’ retainer doesn’t trigger disqualification
By:
Pat Murphy
Published: March 28, 2011
Tags: disqualification, retainer
A law firm wasn’t subject to automatic disqualification in a land development lawsuit based on a past “open-ended” retainer agreement with an opposing party, the California Court of Appeal has ruled in reversing judgment.
Attorney can’t charge ‘engagement’ fee
By:
Pat Murphy
Published: February 21, 2011
Tags: attorney discipline, attorney fees, retainer
An attorney violated state disciplinary rules by charging new clients a nonrefundable “engagement” fee, the Indiana Supreme Court has ruled in ordering a public reprimand.
Law firm can’t enforce forum selection clause
By:
Pat Murphy
Published: October 17, 2010
Tags: breach of contract, forum selection, legal malpractice, negligence, retainer
A law firm could not enforce a forum selection in its retainer agreement with a client, a U.S. District Court in West Virginia has ruled in denying a motion to dismiss.
Contingent fee reduced
By:
Pat Murphy
Published: August 31, 2010
Tags: contingency fee, retainer
A law firm could be required to refund a portion of a contingent fee that was deemed “unreasonable” based on events that occurred after the client executed her retainer agreement, the Colorado Court of Appeal has ruled in affirming judgment.
Solo forced out of lawsuit can sue for conversion
By:
Pat Murphy
Published: May 3, 2010
Tags: conversion, retainer
A solo practitioner who was allegedly forced out of a personal injury lawsuit could sue for conversion once the matter was settled, the California Court of Appeal has ruled in reversing judgment.
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