Proof that an attorneys retainer is a 100% rip off! Considering an Attorney? Proof that an attorneys retainer is a 100% rip off! So you think you really hired an attorney when you paid them a retainer? The following case PROVES that an ATTORNEYS RETAINER is merely a GIFT or a DONATION: A retainer is a sum of money paid by a client to secure an attorneys availability to work for a client. The fee paid is considered earned at the time of payment because the attorney is entitled to the money regardless of whether he actually performs any services for the client, and the funds shall not be placed into the attorneys trust account. Baranowski v. State Bar, 154 Cal.Rptr. 752, 593 P.2d 613 (1979); and the Washington State Bar News, Committee Reports, Formal Opinion No. 173. The California Court in Baranowski v. State Bar, supra, clearly stated that: A retainer is a sum of money paid by a client to secure an attorneys availability to work for a client. A RETAINER only pays for the AVAILABILITY of the attorney. Be sure to demand that any attorney you hire put 100% of all the MONEY that you give them be placed into their TRUST ACCOUNT listed as a FEE! The FACT is that when you make an appointment to talk to an attorney for a DUI, traffic ticket, domestic violence, driving without a license, driving while intoxicated, negligent driving or any other kind of case, they meet with you, they let you TALK for about 5 to 10 to 15 minutes and then they ask you for a $3,000.00 to $5,000.00, or perhaps $10,000.00, or more, as a RETAINER so that you can secure their availability only! The California Court in Baranowski v. State Bar, supra, clearly stated that . . . The fee paid is considered earned at the time of payment because the attorney is entitled to the money regardless of whether he actually performs any services for the client, . . . and the funds shall NOT be placed into the attorneys trust account. Did you know that most attorneys and law firms keep TWO (2) SETS OF BOOKS? Did you know that most attorneys and law firms keep TWO (2) RECEIPT BOOKS??? 1.) The first RECEIPT BOOK that they DESTROY is the RECEIPT BOOK for RETAINERS and they are NOT reporting RETAINERS as INCOME??? 2.) The second RECEIPT BOOK is the ONE (1) book and record that they are REQUIred to keep for accepting A FEE which is the ONLY INCOME that attorneys or law firms are reporting to THE IRS!!! This also could be proof that attorneys are not paying their fair share of income taxes because they are not keeping all the required books and records or proof of 100% of all their income because they dont put all the money that you give them into their trust account!!! Be sure to demand that any ATTORNEY or LAW FIRM you might hire fill out a FORM 1099 for any MONEY that you give you them and declare it to be a FEE that they put in to their TRUST ACCOUNT!!! Be sure to demand that ALL MONEY that you give any ATTORNEY or LAW FIRM all goes into the ATTORNEYS TRUST ACCOUNT and do NOT allow any attorney or law firm to tell you or declare any MONEY that you give them to be a RETAINER, because if you allow them to declare any MONEY that you give them to be a RETAINER, they are NOT obligated to do any work for you on your case. Be sure to make sure that any ATTORNEY or every LAW FIRM that you give MONEY to give you a receipt and proof that all the MONEY was placed into their TRUST ACCOUNT and then they will have to account for every penny spent and keep records of it. A RETAINER is NOT the same thing as a FEE to do some work on your case! An ATTORNEYS RETAINER is ONLY a GIFT or DONATION. When you have given any ATTORNEY or LAW FIRM any MONEY towards any RETAINER, you have NOT hired them to do any WORK on your case!!! If you want any ATTORNEY or LAW FIRM to do any work for you, make sure that the MONEY that they give you is declared to be A FEE and demand that they put all the money you give them be placed into their TRUST ACCOUNT. If you want any ATTORNEY or LAW FIRM to do any work for you on your case, make sure that all the MONEY that you give them is placed into their TRUST ACCOUNT. The ATTORNEYS or LAW FIRMS got your first RETAINER as a GIFT or DONATION, but you have NOT hired them to do any work on your case yet! Now if you want an ATTORNEY or LAW FIRM to do some WORK on your case, you will have to PAY A FEE and sign a contract stating what services he will provide for you and state how much more he or she will charge you to REPRESENT you at trial and then AFTER you have PAID his or her FEE, then they will file a NOTICE OF APPEARANCE in your case. Is it any wonder as to why you are STRONGLY encouraged to retain the services of an Attorney?
Posted on: Wed, 31 Dec 2014 00:38:08 +0000
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