While we agree that the judgment of the Civil Court, Small Claims Part, should be affirmed, we do so for the reason that this "nonrefundable" retainer agreement is ambiguous, as found by the Trial Judge, and therefore, under settled principles such ambiguity must be construed against the party drafting the agreement.
Whether enforcement of such a retainer should be denied as unconscionable or as having a chilling effect on a client's right to freely discharge his...
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