New York Court of Appeals

In the Matter of Edward M. Cooperman (Admitted as Edward Michael Cooperman), an Attorney, Appellant. Grievance…

March 17, 199483 N.Y.2d 465

Summary

The New York Court of Appeals affirmed the Appellate Division's two‑year suspension of attorney Edward M. Cooperman, holding that special nonrefundable retainer fee agreements violate public policy and the Code of Professional Responsibility because they impair a client’s absolute right to terminate the attorney‑client relationship. The Court declared such agreements per se unethical regardless of fee excessiveness and affirmed that attorneys must refund unearned fees upon discharge.