I represented a client in a preliminary hearing and I have in my escrow account my fee for such representation. My fee agreement states the fee is non-refundable. The client said he did not like my performance at the preliminary hearing and is demanding the fee back. Can I take the fee?

Since the fee agreement was non-refundable, the monies did not have to be placed in the escrow account. If there is a non-refundable fee agreement, the monies are earned when received. The better practice is to keep non-refundable fees in an escrow account in case something happens and the client is demanding fees back.

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