They Are Normally Upheld If Not the Product of Fraud.
In the on-line March 2011 issue of the California Bar Journal, Diane Karpman has written an article discussing the pros and cons of “true” retainers. Of the true retainer, "rare and exotic," Ms. Karpman writes: "Some lawyers find the idea of being paid for not working enchanting, if not mesmerizing." She tracks the justification for them, which are standard course for the criminal defense bar. She observes that, although somewhat unusual in nature, they are usually upheld by the courts unless they are obtained by fraud. See, e.g., Ryan v. Butera, Beausang, Cohen & Brennan, 193 F.3d 210 (3d Cir. 1999); Faal v. Davis, Case No. B219520 (2d Dist., Div. 5 Oct. 14, 2010) [with Faal reviewed in our Oct. 18, 2010 post].