Crucial Exams

Multistate Professional Responsibility Exam Practice Question

An attorney meets with a prospective client who needs representation in a defamation dispute. The attorney’s engagement letter specifies that an advanced fee is collected at the start, stating that no refund would be provided if representation ends. The client signs and later seeks a refund of unused fees. The attorney refuses. Which position best describes the attorney’s duty regarding the fee agreement?

  • The attorney is allowed to revise the contract after the client ends representation to maintain control of the advanced fees.

  • The attorney is expected to return unearned fees. A contract removing refunds for work not completed violates ethical rules.

  • The attorney is allowed to deny refunds once the client signs the contract. The agreement about nonrefundable status supersedes professional rules.

  • The attorney can rely on disclaimers about availability to justify retaining the advanced fees despite minimal work performed.

Multistate Professional Responsibility Exam
The client-lawyer relationship
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