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· 3/17/1994

Matter of Cooperman

Citations

  • 633 N.E.2d 1069
  • 83 N.Y.2d 465
  • 611 N.Y.S.2d 465

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding non-refundable retainers prohibited by Code of Professional Responsibility, applying provisions materially the same as Arizona’s
  • holding special nonrefundable retainer fee agreements are against public policy and transgressing the Code of Professional Responsibility
  • holding that nonrefundable retainers are per se unethical
  • “This unique fiduciary reb-anee, stemming from people hiring attorneys to exercise professional judgment on a client’s behalf—‘giving counsel’—is imbued with ultimate trust and confidence.”
  • “[W]e hold that the use of a special nonrefundable retainer fee agreement clashes with public policy because it inappropriately compromises the right to sever the fiduciary services relationship with the lawyer.”
  • “This unique fiduciary reliance ... is imbued with ultimate trust and confidence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bellacosa

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.