Assignment:
Attorney Edward M. Cooperman was retained to represent a client in a criminal matter. The client signed Cooperman’s fee agreement: “My minimum fee for appearing for you in this matter is fifteen thousand dollars ($15,000). This fee is not refundable for any reason whatsoever once I file a notice of appearance on your behalf.” One month later, the client discharged Cooperman, but Cooperman refused to refund any portion of the fee. In the past, Cooperman had been told by the local bar association grievance committee to stop using nonrefundable fee agreements. The attorneys’ Code of Professional Conduct and Responsibility provides that an attorney “shall not enter into an agreement for, charge or collect an illegal or excessive fee” and upon withdrawal from employment “shall refund promptly any part of a fee paid in advance that has not been earned.” Did Cooperman’s fee arrangement violate the code? [Grievance Committee for the Tenth Judicial District v. Edward M. Cooperman, 83 N.Y.2d 465, 633 N.E.2d 1069, 611 N.Y.S.2d 465 (N.Y., 1994).]
Your answer must be typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.