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MATTER OF COOPERMAN

83 N.Y.2d 465 (1994)

633 N.E.2d 1069

611 N.Y.S.2d 465

In the Matter of Edward M. Cooperman (Admitted as Edward Michael Cooperman), an Attorney, Appellant. Grievance Committee for the Tenth Judicial District, Respondent.

Court of Appeals of the State of New York.

Decided March 17, 1994.

Attorney(s) appearing for the Case

Nicholas J. Damadeo, P. C., Plainview, and Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo (Paul Cambria of counsel), for appellant.

Robert P. Guido, Syosset, Frank A. Finnerty, Jr., and Muriel Steigerwald Gennosa for respondent.

The Association of the Bar of the City of New York, amicus curiae.

Lester Brickman, New York City, and Lawrence A. Cunningham, amici curiae.

Fried, Frank, Harris, Shriver & Jacobson, New York City (Howard W. Goldstein and Stuart M. Altman of counsel), for New York Council of Defense Lawyers, amicus curiae.

Archibald R. Murray, Albany, and Steven Finell for New York State Bar Association, amicus curiae.

Malvina Nathanson, New York City, and Lawrence S. Goldman for New York State Association of Criminal Defense Lawyers and another, amici curiae.

Judges SIMONS, SMITH, LEVINE and CIPARICK concur; Chief Judge KAYE and Judge TITONE taking no part.

BELLACOSA, J.

The issue in this appeal is whether the appellant attorney violated the Code of Professional Responsibility by repeatedly using special nonrefundable retainer fee agreements with his clients. Essentially, such arrangements are marked by the payment of a nonrefundable fee for specific services, in advance and irrespective of whether any professional services are actually rendered. The local Grievance...

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