ContractSeptember 18th, 2007
FiledSeptember 18th, 2007We hold that the fee agreement’s nonrefundability language does not negate the contract’s express provision that the minimum fee “shall entitle Client to a combined amount of Attorney and Legal Assistant time computed in accordance with the hourly rate set forth in paragraph 3 [of the agreement].” The representation here was terminated before completion of the legal services contemplated, and under the fee agreement, MRPC 1.15(b), and MRPC 1.16(d), respondent was obligated to return the unearned portion of the “retainer,” which was, in actuality, a fee paid in advance.