By KELSEN HANS
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If a client believes that an attorney has not returned excess retainer funds, or has not accounted for the entire amount in an itemized statement, the first step should be in the form of registered/certified correspondence to the attorney, requesting explanation. If such a step fails to satisfy the client, the next contact should be to the state bar association, which will have a forum for filing grievances against attorneys. Unreasonable Fees Even though attorneys have quoted certain fees to a prospective client, they may be open to negotiating a lower fee, based upon the client’s articulated reasons.
Some people view disabilities with pity or discomfort, leading to behavior that may patronize people with disabilities. Other people simply fail to consider or understand the needs of disabled people, leading to benign neglect or misguided efforts to assist. The U. S. Constitution does little to protect those with mental or physical disabilities from discrimination. Courts historically have not applied the Constitution’s Equal Protection Clause to discrimination of disabled persons with the same level of scrutiny as discrimination of such protected classes as race, religion, and gender.
23 ATTORNEYS—ATTORNEY-CLIENT PRIVILEGE Scope and Application of the Attorney-Client Privilege The five-part test is typically the starting point in a court’s analysis of a claim for privilege. Each element appears straight-forward on its face but can be tricky to apply, especially when the client is a corporation and not a natural person. Corporate clients raise questions as to who may speak for the corporation and assert the attorney-client privilege on behalf of the entity as a whole. Some courts have ruled that the attorney-client privilege may only be asserted by the upper management of a corporation.