In Re Long

The Rules of Professional Conduct allow for alternative fee agreements that include an “earned on receipt” clause, however, the agreement must also stipulate that “the client may discharge the lawyer at any time and in that event may be entitled to a refund of all or part of the fee if the services for which the fee was paid are not completed.”  RPC 1.5(c)(3). 

Long sought review of the trial panel opinion brought by the Bar, which held that the Bar had established, by clear and convincing evidence, that Long had committed 50 violations, and concluded that Long should be disbarred because of excessive fees and for failing to refund unearned fees. The Rules of Professional Conduct allow for alternative fee agreements that include an “earned on receipt” clause, however, the agreement must also stipulate that “the client may discharge the lawyer at any time and in that event may be entitled to a refund of all or part of the fee if the services for which the fee was paid are not completed.”  RPC 1.5(c)(3).  The Court held that although these advance fees did not violate the Rules of Professional Conduct, it shifted the risk of loss to his clients if the client relationship ended before the lawyer performed services, which happened to many of his clients.  Due to the financial conversion of client property and emotional injury to his clients, the Court held that the presumptive sanction of disbarment and that aggravated circumstances did not warrant departure.  Respondent is disbarred, effective 60 days from the date of this decision.