Rather, the attorney must explain in detail the nature of the benefit being conferred on the client, whether it is the attorney's guarantee of availability, prioritization of the client's work, or some other appropriate consideration. A lawyer is not required to obtain the client's signature on a written fee agreement for purposes of an earned retainer, although it is advisable for the lawyer to do so in order to reduce the possibility of any misunderstanding. The lawyer's explanation of the benefit being conferred will depend on the particular situation. The lawyer shall not provide the client with any such explanation that is unsupported by the facts. It is unethical for a lawyer to fail to return unearned fees, to charge an excessive fee, or to characterize a fee or retainer as non-refundable.
Attorney fees are always subject to refund if either excessive or unearned.