In re Cooperman

OPINION OF THE COURT

This proceeding presents the issue of the validity of "nonrefundable fee” and "minimum fee” retainer agreements. Although such agreements have traditionally been subject to great criticism, their legality has never been directly addressed by this Court. We now address this question, and in doing so, we find a distinction between "nonrefundable fee” agreements and "minimum fee” agreements. "Nonrefundable fee” agreements, by definition, allow an attorney to keep an advance payment irrespective of whether the services contemplated are rendered. By contrast, a "minimum fee”…