As a former president and former member of the Crown Counsel`s Arbitration Committee, I have often been asked to review and evaluate the provisions of a pricing agreement that characterizes a payment by the client as “non-refundable” or “earned after receipt.” However, there are significant differences in how we, as lawyers, are required to process such payments, based on the true type of payment and regardless of the language used in the pricing agreement. These differences relate essentially (1) to the obligation of counsel to repay, if any, part or all of the down payment in the event of discharge or resignation, and (2) whether the advance is to be made on the fiduciary account of the lawyer`s account loyal to the client or on the lawyer`s own account. These are important distinctions to understand, because if mistreated by counsel, it can be a ground of discipline. Yes, the couple has expressed their desire to withdraw from the contract. They asked for the refund of all their money, minus non-refundable storage. The court could have considered this to be an express revocation of the contract if the photographer had treated it as such. However, the photographer sent an email to the couple and asked for a clear statement as to the couple`s intention to terminate their contract. If your SaaS apps allow customers to purchase subscriptions or pay regular fees, you should be sure to add a clause to your contract that speaks to your right to suspend the service or cancel the account and why you should do so. Unacceptable under a genuine conservation agreement would generally not be a consideration if the client is a demanding buyer of legal services, a large insurance company or a capital company, for example, or if the lawyer`s skills and reputation are known.
However, as has already been mentioned, situations in which a customer may have a valid reason to pay an actual retention fee are not very common. The true conservations are therefore checked to determine whether the levy is unacceptable. For example, a client may obtain very little or no value by ensuring the availability of the lawyer if the lawyer has no particular reputation or expertise and if a plethora of other competent lawyers are available to handle the client`s case. In such cases, true retention may be unacceptable, especially when the amount charged is very high and the client is not a demanding buyer of legal services. If a customer decides to reprogram, will the non-refundable fee be sufficient to cover your business expenses if you can`t fill that window of opportunity with another customer? This is especially important when it comes to weddings, as it is a matter of a whole day or a weekend. You can include certain clauses in your payment terms if your company accepts payments through your website or mobile app. This clause is useful in all forms of business, whether you earn your monthly or annual payments or by purchase.