The concept of unacceptable has procedural and content elements [Samura v. Kaiser Foundation Health Plan, Inc. (1993) 17 Cal.App.4th 1284, 1296]. The lack of scruples in the content refers to the rigour of the contractual conditions. „Accountability is so unilaterally displayed by the terms of the contract that it shocks the conscience.“ [American Software, Inc. v. Ali (46 Cal.App.4th 1386, 1391; see also Bushman v. State Bar (1974) 11 Cal.3d 558, 563-566 (lawyers found unacceptable where it was „so exorbitant and totally disproportionate to the earthly services that shocked the conscience]).). The relevance of the proceedings refers to the manner in which the contract was negotiated and the circumstances of the parties on that date [Kinney/United HealthCare Services, Inc. (1999) 70 Cal.App.4th 1322, 1329]. Inequality in bargaining power between the parties and the absence of genuine negotiations or sound decisions [American Software Inc. v.
Ali (1996) 46 Cal.App.4th 1386, 1391]. As lawyers, we should understand that if the solicitor-client relationship has concluded, the lawyer must: As a former president and former member of the State Bar Arbitration Board, I have often been asked to verify and evaluate the provisions of a pricing agreement that characterizes a client payment as „non-refundable“ or „earned after receipt.“ However, there are significant differences in how we, as lawyers, are required to process such payments, based on the true type of payment and regardless of the language used in the pricing agreement. These differences relate essentially (1) to the obligation of counsel to repay, if any, part or all of the down payment in the event of discharge or resignation, and (2) whether the advance is to be made on the fiduciary account of the lawyer`s account loyal to the client or on the lawyer`s own account. These are important distinctions to understand, because if mistreated by counsel, it can be a ground of discipline. Do not communicate anything other than facts known to the public or general issues. Confidential information should only be discussed when a lawyer/client relationship is established.
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