I am still confused as a lawyer as to when I can take legal fees prior to the fees being earned if I have the term nonrefundable fee in the fee agreement. Where is the rule on this subject and what it says?

Nonrefundable fees have been allowed, although they are not necessarily favored. The term nonrefundable fee would have to be put in the fee agreement and should be signed by the client. A nonrefundable fee should explain what it means. In other words, just saying all fees are nonrefundable may not be enough. The agreement should explain that when the fees are nonrefundable, the lawyer can take the fees immediately as earned. The fee agreement should explain that the client should not necessarily get the fees back even if they discharged the lawyer.

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