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Author Archives: Cassie Hanson

Nonrefundable advance fees to become obsolete

As language evolves, words are lost and gained. A word may fall into disuse and a dictionary will eventually label it archaic. The meaning of a word can also change through widespread misuse, which has been the case in the evolution of the nonrefundable retainer. Labeling a legal fee "nonrefundable" creates an inherent contradiction with the requirements of Rules 1.15(a) and 1.16(d), Minnesota Rules of Professional Conduct (MRPC) and also restricts the right and ability of clients, especially those of limited means, to discharge their lawyer out of fear of losing an advance fee payment.

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