Solicitor-client privilege is waived when the client sues his lawyer; the lawyer is allowed to defend himself by also dividing privileged solicitor-client information. Dietz v. Meisenheimer – Herron, 177 Cal.App.4th 771, 786, 99 Cal.Rptr.3d 464, 475 (2009). A conflict involving a former client is a prohibitive conflict only if there is an essential relationship between the subjects of the current and previous representation. See City and County of San Francisco v. Cobra Solutions Inc. (2006) 38 Cal.4th 839, 847. If there is an essential relationship, the lawyer`s access to privileged and confidential information is presumed in the former representation and disqualification in the current case is imperative to preserve the trust of the former client. See Fremont Indemnity Co. v. Fremont General Corp.
(2006) 143 Cal. App. 4th 50, 67. On the other hand, a prepayment (also known as a down payment) is a payment by a client of a fee or part of it before providing legal services, credited with the services provided when these tasks are performed. See In re Matter of Lais (1998) 3 Cal. State Bar Ct. Rptr. 987; WL 391171.
A lawyer must ask the client to answer for the advanced fees and fees collected against this advance, including an explanation of the costs. See In Re Matter of Fonte (Rev. Mr. Dept. 1994) 2 Cal. State Bar Ct. Rpt. 572, 758. A down payment can be claimed for hourly or fixed rates. Depending on the language of the pricing agreement, a down payment may also be collected. In an incompreent, after the down payment has been exhausted, the customer then pays the invoices according to the terms set out in the contract (i.e. every 30 days).
In a supplement, the client may agree to pay the down payment at an agreed fixed amount if it is exhausted at a specified level, as stipulated in the pricing agreement (for example.B. if an initial deposit is exhausted from $10,000 to $5,000, the client agrees to deposit the amount necessary to reduce the deposit to $10,000 or to return it to $10,000; , by another example, a client may agree to deposit at regular intervals the amount needed to maintain the deposit at a specified level.) All of these types of payments can be called “retainer” by lawyers, although any form of down payment is very different and requires different treatment by lawyers and law firms. The answer to this question was “yes, it`s privileged” in the circumstances, in an unprecedented decision of the Fifth arrondissement in the city of Merced v.