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1.15

Yikes! ABA’s Latest Ethics Opinion Prohibits Nonrefundable Fees: Does It Change Things in Pa.?

Many solos and small firms charge their clients “nonrefundable” fees, intending to take an advance fee that can be used immediately to pay bills. In Pennsylvania, lawyers have termed these fees “nonrefundable,” and, have placed these funds directly into their operating accounts. In early May, the American Bar Association issued Formal Ethics Opinion 505, in which […]

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New Year’s Resolutions for an Ethical and Happy 2023

It’s inevitable: the end of the year marks a time for reviewing your triumphs and your disappointments. This retrospection often leads to a determination to do better in the coming year. In that spirit I offer some New Year’s resolutions that I hope will be easy to keep and will enhance both your practice and

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Preventative Medicine Is the Best Kind: Preparing for 2022 Now

By Ellen Brotman It’s the season of gratitude and celebration, gratitude and celebration for getting through all this so far. (You know what “this” is!) Like a lot of you, I am still working remotely. I miss my walk to work, the office kibbitzing, lunches, the in-person bar committee meetings. But the time saved commuting

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Flat Fees, Operating Accounts and Trouble at the Disciplinary Board

In a recent DBD Opinion suspending a lawyer for one year and one day for numerous Rule violations, the Board also noted that “Respondent deposited Rule 1.15 funds into his operating account. Respondent charged the clients flat fees and accordingly, was required to maintain them in trust until he had earned their fees by performing

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Risky Business: Fee Agreements, Bank Accounts and Record Keeping Requirements Under the Pennsylvania Rules of Professional Conduct or What You Don’t Know Will Hurt You

Sleepless nights are a criminal defense attorney’s lot in life, full of worry about all the things that can and do go wrong in the high-stakes work of protecting individual liberty. But there is one more thing you should be worried about: your office’s compliance with the Pennsylvania Rules of Professional Conduct and Rules of

Risky Business: Fee Agreements, Bank Accounts and Record Keeping Requirements Under the Pennsylvania Rules of Professional Conduct or What You Don’t Know Will Hurt You Read More »