Law Practice,
Ethics/Professional Responsibility
Sep. 28, 2018
Tips for attorneys who are addressing disputes over advance fees
Given the requirement to promptly refund unearned advance fees, once the disputed funds are identified and segregated, lawyers should move diligently to resolve the matter.
David M. Majchrzak
Partner
Rosing Pott & Strohbehn
Litigation, Legal Ethics
501 W Broadway A380
San Diego , CA 92101-3584
Email: dmajchrak@rosinglaw.com
Thomas Jefferson School of Law
David practices in the areas of legal ethics and litigation of professional liability claims.
Heather L. Rosing
Founding Partner
Rosing Pott & Strohbehn
Legal Malpractice (Specialist), Business Law
501 W Broadway, A380
San Diego , CA 92101
Phone: (619) 990-5566
Email: hrosing@rosinglaw.com
Northwestern Univ School of Law
Heather serves as the chairperson of the Legal Ethics and Law Firm Risk Management Practice Group, as well as the Lawyers and Accountants Practice Group. She is an appointed advisor to the State Bar of California's Rules Revision Commission.
In the private sector, the typical transactional model between a lawyer and a client is that the lawyer provides legal services and, in exchange, the client provides payment. Often, as security for the obligation to pay, lawyers request and clients provide advance fees, which are then placed into the lawyer's trust account until the fees are earned. Yet sometimes, once the legal services are provided, for the first time, clients dispute the amount of fees being charge...
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