· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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