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Legal Opinion

In Re Kendall

Indiana Supreme Court

Decided March 24, 2004No. 49S00-0009-DI-561PublishedCited by 12 opinions

1Opinion of the Court

DISCIPLINARY ACTION.

DICKSON, Justice.

Among the matters to be clarified in this case are two questions important to many practicing Indiana lawyers. First, when a lawyer receives a payment for legal services to be rendered in the future, must the lawyer hold the funds in a trust account until earned? Second, may the lawyer's fee contract. specify that all or a portion of a preliminary (or advanced) fee is nonrefundable?

These questions arise from the following scenario. The respondent required certain clients to pre-pay him a portion of his fees before he performed any legal services. These…

2Cases cited8 opinions

  1. Matter of GrimmIndiana Supreme Court · 1996
  2. Matter of StantonIndiana Supreme Court · 1986
  3. Matter of ThonertIndiana Supreme Court · 1997
  4. In Re WilliamsIndiana Supreme Court · 2002
  5. In Re PuterbaughIndiana Supreme Court · 1999

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re ManceDistrict of Columbia Court of Appeals · 2009
  2. Disciplinary Board of the Supreme Court v. HannNorth Dakota Supreme Court · 2012
  3. In Re O'FarrellIndiana Supreme Court · 2011
  4. Kentucky Bar Ass'n v. EarhartKentucky Supreme Court · 2012
  5. In re EarhartIndiana Supreme Court · 2011

7 more not listed; retrieve them via the Exa API.

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