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IN RE KENDALL

No. 49S00-0009-DI-561.

804 N.E.2d 1152 (2004)

In the Matter of Michael C. KENDALL, Respondent.

Supreme Court of Indiana.

March 24, 2004.

Attorney(s) appearing for the Case

Michael Kendall, Indianapolis, IN, Attorneys for Respondent.

Donald R. Lundberg, Executive Secretary, Robert C. Shook, Staff Attorney, Indianapolis, IN, Attorneys for Disciplinary Commission.

DISCIPLINARY ACTION.

DICKSON, Justice.

Among the matters to be clarified in this case are two questions important to many practicing Indiana lawyers. First, when a lawyer receives a payment for legal services to be rendered in the future, must the lawyer hold the funds in a trust account until earned? Second, may the lawyer's fee contract specify that all or a portion of a preliminary (or advanced) fee is nonrefundable?

These questions arise from...

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