Order Promulgating Amendments to Rules of Professional Conduct.
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OFFICE OF APPELLATE COURTS STATE OF MINNESOTA IN SUPREME COURT BEC 1 8 2QIO 9 F&LEB ADM10-8005 (formerly C8-84-1650) Order Promulgating Ainendinents to Rules of Professional Conduct ORDER The Minnesota State Bar Association and the Lawyers Professional Responsibility Board have proposed ainendinents to Rules 1.5(b) and 1.15(c)(5) of the Rules of Professional Conduct. By order filed October 4, 2010, we solicited coininents on the proposed ainendinents, to be filed no later than November 22, 2010. No coininents were filed. The court has reviewed the proposed ainendinents and is fully advised in the premises. IT IS HEREBY ORDERED THAT: 1. The attached ainendinents to the Rules of Professional Conduct be, and the same are, prescribed and promulgated to be effective on July 1, 20 11 Dated: December 17, 20 10 BY THE COURT: Lorie %. Gildea Chief Justice AMENDMENTS TO THE RULES OF PROFESSIONAL CONDUCT (New lnaterial is indicated by underlining; deleted lnaterial is indicated by striltethrough.) RULE 1.5. FEES * . * . (b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be coinmunicated to the client, preferably in writing, before or within a reasonable time after cominencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client. All agreements for the advance payment of nonrefundable fees to secure a lawyer's availability for a specific period of time or a specific service shall be reasonable in amount and clearly communicated in a writing signed by the client. Except as provided below, fee payments received by a lawyer before legal services have been presumed to be unearned and shall be held in a trust account pursuant to rendered are Rule 1.15. (1) A lawyer may charge a flat fee for specified legal services, which constitutes complete payment for those services and may be paid in whole or in part in advance of the lawyer providing the services. If agreed to in advance in a written fee agreement signed by the client, a flat fee shall be considered to be the lawyer's property upon payinent of the fee, subject to refund as described in Rule 1.5(b)(3). Such a written fee agreement shall notifv the client: (i) of the nature and scope of the services to be provided; (ii) of the total amount of the fee and the terms of payment; {iii) that the fee will not be held in a trust account until earned; (iv) that the client has the right to terminate the client-lawyer relationship; and (v) that the client will be entitled to a refund of all or a portion of the fee if the agreed-upon legal services are not provided. (2) A lawyer may charge a fee to ensure the lawyer's availability to the client during a specified period or on a specified matter in addition to and apart from any compensation for legal services performed. Such an availability fee shall be reasonable in amount and colninunicated in a writing signed by the client. The writing shall clearly state that the fee is for availability only and that fees for legal services will be charged separately. An availability fee may be considered to be the lawyer's property upon payment of the fee, subject to refund in whole or in part should the lawyer not be available as promised. (3) Fee agreements may not describe any fee as nonrefundable or earned upon receipt but inay describe the advance fee payment as the lawyer's property subject to refund. Whenever a client has paid a flat fee or an availability fee pursuant to Rule 1.5(b)(l) or (2) and the lawyer-client relationship is terminated before the fee is fully earned, the lawyer shall refund to the client the unearned portion of the fee. If a client disputes the amount of the fee that has been earned, the lawyer shall take reasonable and prompt action to resolve the dispute. RULE 1.15. SAFEKEEPING PROPERTY e . . . (c) A lawyer shall: (1) proinptly notify a client or third person of the receipt of the client's or third person's funds, securities, or other properties; (2) identify and label securities and properties of a client or third person groingtly upon receipt and place thein in a safe deposit box or other place of safekeeping as soon as practicable; (3) maintain complete records of all funds, securities, and other properties of a client or third person coming into the possession of the lawyer and render appropriate accounts to the client or third person regarding them; (4) promptly pay or deliver to the client or third person as requested the funds, securities, or other properties in the possession of the lawyer which the client or third person is entitled to receive; and ( 5 ) except as specified in Rule 1.5(b)(l) and (2), deposit all fees received in advance of the legal services being performed into a trust account and withdraw the fees w e : , as e a r n e d + d e s s - t h e - ~ ~ entered i n t ~ written ;greemeI&-pew&
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