Flat fee

45.10(1) Definition. A “flat fee” is one that embraces all services that a lawyer is to perform, whether the work be relatively simple or complex. 45.10(2) When deposit required. If the client makes an advance payment of a flat fee prior to performance of the services, the lawyer must deposit the fee into the trust account. 45.10(3) Withdrawal of flat fee. A lawyer and client may agree as to when, how, and in what proportion the lawyer may withdraw funds from an advance fee payment of a flat fee. The agreement, however, must reasonably protect the client’s right to a refund of unearned fees if the lawyer fails to complete the services or the client discharges the lawyer. In no event may the lawyer withdraw unearned fees. [Court Order April 20, 2005, effective July 1, 2005; December 13, 2017, effective January 1, 2018]