Ethics/Professional Responsibility
Jun. 9, 2017
Avoid surprises by getting your retainer agreements right
Besides governing the monetary aspects of a case, retainer agreements are one tool to educate clients about settlements, expenses, scope of representation, responsibilities and conflicts of interest.
Jennifer A. Becker
Partner
Long & Levit LLP
Legal malpractice (specialist)
465 California St Fl 5
San Francisco , CA 94104
Phone: (415) 397-2222
Fax: (415) 397-6392
Email: jabecker@longlevit.com
UC Hastings
Jennifer is certified by the State Bar of California, Board of Legal Specialization in Legal Malpractice, and is chair of the Bar Association of San Francisco's Legal Malpractice Section. She is editor-in-chief of Long & Levit's Lawyers and Judges blog, www.longlevit.com/blog/, which is searchable by topic and case name.
Retainer agreements are governed by Business and Professions Code Sections 6147 and 6148, which require a written agreement for a contingent fee, or any matter which could foreseeably exceed $1,000 in expenses to the client. Although violating ethical duties is not actionable standing alone, it can be the basis of a jury instruction explaining an attorney's fiduciary duties. Calif. Rules of Professional Conduct, Rule 1-100; Mirabito v. Liccardo, 4 Cal. App. 4th 41 (1992).
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