4 Nat'l Center for Prof. Resp. Advance Sheets 1 (1980)

handle is hein.journals/dislwpr4 and id is 1 raw text is: Volume     4, Number       1                                                     January,      1980
Case Summaries
FEES                                      Respondent       was   charged      with   over-
reaching, using a curriculum vitae to
induce payment of an excessive fee and
charging an excessive fee. Respondent
contracted with a client to provide repre-
sentation as to a single count of criminal
battery for $5000, presenting to the client
a collage of clippings as to Respondent's
achievements.          Respondent met         one   more    time
with    the   client before         the   trial    date.      One
day prior to that date, Respondent informed
the client that he would not be in court
and that he would send another attorney in
his place.         The   client     was   not   to   tell   the
second attorney the amount of the fee.
When the second attorney approached the
bench to request a continuance, the com-
plainant dropped the charges and the case
was dismissed. The client requested a
return of $4000 of the fee. Respondent
refused to return the fee, refused to
submit the dispute to binding arbitration
before a local bar committee and eventually
offerred      to   refund    $1000.       Respondent
testified as to his achievements in inter-
national and civil rights law and argued
that disputes as to fixed fees must be
resolved under traditional contract prin-
ciples     in   a  court    of law.      The    hearing
committee concluded Respondent had charged
an excessive fee and recommended a private
Editors: Robert S. Wells and Herbert M. Rosenthal; Regional Editors: Daniel Heely, Michael Hoover, Charles W. Kettlewel, Marcia L Proctor,
Ronald W. Stovitz John A. Weiss and James R. Wrenn, Jr; ABA Press Production Supervisor Gretta Spier.
Published monthly by the National Center for Professional Responsibility and the Standing Committee on Professional Discipline of the
American Bar Association. Address all correspondence to Editor, Disciplinary Law and Procedure Advance Sheets, National Center for Profes-
sional Responsibility, American Bar Association, 77 South Wacker Drive, Chicago, Illinois 60606, telephone (312) 621-9255.
individual copies $4.00 per Issue; subscription $36.00 per calendar year;, bulk subscriptions: 5-20 subscriptions to one address $25.00 for each
subscription per year, 21 or more subscriptions to one address $15.00 for each subscription per year;, microfiche copies Si.00 per issue. Included
in subscription to the Disciplinary Law and Procedure Research System. Four weeks' notice required for change of address.
Copyright  1980 National Center for Professional Responsibility and American Bar Association. All rights reserved to copyright center In-
cluding rights to reproduce or distribute.

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