Comments for "Non-refundable" Retainer Rule in Minnesota at http://www.smallfirmsuccess.org , comment 1 to 1 out of 1 comments http://www.smallfirmsuccess.org Sat, 04 Sep 2010 22:25:17 +0100 FeedCreator 1.7.3 http://www.smallfirmsuccess.org/ethics/small-firm-ethics-issues/qnon-refundableq-retainer-rule-in-minnesota#comment-13 Another classic example (and one I've actually seen in real life) is the case where the client hires the lawyer to represent him in a divorce. Before the lawyer has a chance to do anything but listen to the client explain where he has been hiding all his assets the client reconciles. Lawyer refunds several thousand dollar "non-refundable" fee. [u]Fast forward a few years[/u]. A different client comes in wants to sue crooked business partner who has been embezzling assets from the company. New client has plenty of cash to pay the bill and plenty of motivation too. Plus the lawyer who was one of my Members came highly recommended. Slam dunk engagement right? Wrong! [i]Of course you can guess who the alleged embezzler is can't you?[/i] That's right! The old on-again/off-again divorce client who had previously outlined all his favorite hiding places for his assets. Unfortunately though as we all know my Member had to decline the representation because of a conflict of interest. A representation I might add which the lawyer who my Member did refer the would-be client to later told us he ended up earning something like $40,000 in legal fees over a relatively short period of time from a very grateful client. [u][b]OK Contracts 101 [/b][/u] Offer, acceptance & consideration. [u]Offer[/u]: Please represent me. [u]Acceptance[/u]: I will agree to represent you. [u]Consideration[/u]: Non-refundable fee from the client & permanent waiver of right to ever represent anyone with an adverse position to you for the rest of my life. Any questions? - rjon robins Fri, 19 Feb 2010 02:29:44 +0100