Unearned Fee Ordered Returned

A recent decision of the Michigan Attorney Discipline Board concludes that a lawyer engaged in ethical misconduct by charging a $4,000 “non-refundable” fee in a domestic relations case and refusing to refund the unearned portion when discharged shortly thereafter. The opinion collects the cases on this issue from around the country and concludes that the Michigan “law and ethics opinions in this area have afforded something less than coherent guidance.” Thus, the attorney was ordered to return the unearned fee and no sanction was imposed. (Mike Frisch)