While the Opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. The agreement would be fully explained before it is signed and a copy given to the client. The law firm asks whether such an agreement is permitted. If so, and assuming that a lawyer from the firm has only had an initial interview with the client, the law firm asks what obligation it would have if the client telephones the following day and states that he does not wish to proceed or has engaged other counsel.
Retainers are a recognized means for a lawyer to obtain advance payment of a fee.
A lawyer may set in advance of the performance of his work a lump sum as his fee or require payment of his fee in advance. ABA Informal Opinion 593. In response to the first inquiry, it is not professionally improper for the law firm to use the proposed employment agreement. See also ISBA Opinion 703, where this Committee discussed retainers. In response to the second inquiry, it is a long-standing general policy of this Committee not to pass on the reasonableness of specific fees.