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Termination
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Termination of the Attorney-Client Relationship: |
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The attorney-client relationship is essentially a contractual
matter. Both the attorney and the client have rights in this
relationship, subject to their contractual obligations. The
attorney-client relationship can be terminated in any one of the
following three ways: (1) completion of the legal service to the fee
agreement; (2) discharge by the client; or (3) withdrawal by the
attorney. These are discussed, in sequence, in the following
paragraphs.
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(1) Where the legal service has been fully completed, as detailed in
the initial agreement, Kura & Wilford Co., L.P.A. will forward
written notification to that effect, and further notify the client
that the case file is closed.
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(2) Since the attorney-client relationship is essentially consensual
in nature, the client has the right to discharge the attorney from
further representation. Such a request must be made in writing and
received by the attorney. The attorney must thereafter forward
written acknowledgment of the discharge and note that the case file
is closed, and shall discontinue further representation.
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(3) In the event that the client has failed to honor or perform his
obligations under the attorney-client agreement, the attorney has
the right to withdraw from further performance of legal services.
Such services will not be withheld unless the attorney has
forwarded, and the client has received, written notification of
withdrawal and closure of the case. |
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Refund of Legal Fees: |
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An area of possible confusion concerns the client’s right to refund
of legal fees paid, and the attorney’s right to compensation for
legal services delivered and expenses incurred prior to discharge or
withdrawal, whether or not a fee invoice has been received by the
client at the time of discharge/withdrawal.
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If the fee agreement was an hourly billing arrangement, a final
billing statement will be prepared and forwarded to the client,
along with a trust account check in the amount of the remainder of
the client's funds held in the account.
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If the fee arrangement was a flat fee, a final billing statement
will be prepared and forwarded to the client, along with a trust
account check in the amount of the “appropriate refund.” The
“appropriate refund” is the balance remaining from the total amount
of fee payments made, after deduction of the initial retainer,
expenses incurred, and hourly billing for the time and effort of the
attorney and/or paralegal to the legal matter. |
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While it is our intention to try to reach a mutually satisfactory
accord with the client with respect to reimbursement of excess fees
paid upon termination of the attorney-client relationship, we
understand that you may disagree with the amounts billed. Should you
feel that you are entitled to a refund in excess of the amount you
receive, you have the right to pursue the matter by contacting The
Columbus Bar Association, either by postal mail, at 175 South Third
Street, Columbus, Ohio, 43215, or by telephone at 614.221.4112. |
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