Can an attorney unilaterally determine that fees in a certain amount are owed by the client and then withhold those fees from the client's trust?
California, United States of America
The following excerpt is from Kelly v. State Bar, 280 Cal.Rptr. 298, 53 Cal.3d 509, 808 P.2d 808 (Cal. 1991):
6 As noted earlier, an attorney is not entitled to unilaterally determine that fees in a certain amount are owed by a client and then withhold those fees from funds held in trust over the client's objections. (Jackson v. State Bar, supra, 25 Cal.3d 398, 404, 158 Cal.Rptr. 869, 600 P.2d 1326.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Does an attorney need to represent a client in a civil action before that attorney's surprise can cause the entry of default against the client? (California, United States of America)
In a personal injury action, can an attorney unilaterally determine his own fee and withhold funds from the estate account without the consent of the court? (California, United States of America)
Is attorney-client privilege applicable where information gleaned from a third party is the result of confidential communications between attorney and client? (California, United States of America)
Can a client who has committed a crime against an attorney be considered a potential criminal defendant in the context of the attorney-client relationship? (California, United States of America)
What is the test for a fiduciary trust to withhold privileged attorney-client information from a former trustee? (California, United States of America)
Can an attorney who engaged in a conspiracy to procure an illegal abortion for his client assert attorney-client privilege? (California, United States of America)
Does an attorney have a valid contract with a client where there is a pre-existing attorney-client relationship? (California, United States of America)
Can an attorney verify a pleading for his client when the client is absent from the county in which the attorney has his office? (California, United States of America)
