Ali and Bob are a married couple. Ali has been having an affair with another person for four years and is carefully planning to get a divorce from Bob on favorable terms.

Ali and Bob live in a rural county of a large state. There are only five law firms that practice family law within seventy miles of the court house near where they live. Ali makes an appointment and discusses her case with a partner from each of the five law firms in order to make it difficult for Bob to find an attorney when Ali starts divorce proceedings.

Ali settles on Charlie Carson of Carson & Carson. After Bob is served with divorce papers, Bob begins to try to find an attorney other than Carson. Bob consults the four remaining firms. Dale Dugan of Dugan & Dugan tells Bob that his partner, Devon, met with Ali and discussed the case, but Dale wants to represent Bob anyway. In the meeting with Devon, Ali admitted hiding valuable family assets in a friend's barn.

Dale and Bob entered into an oral agreement that Bob will pay the firm $40,000 in cash up front for all services to be rendered in the case. After receiving the $40,000, Dale immediately spends the money to pay off a second mortgage on the office building where Dugan & Dugan is located. Dale says this fee agreement is to make sure time is available for what promises to be a difficult divorce case, given the preparations being made by Ali. Dale promises to turn away other clients to save time for Bob.

Discuss according to ABA and CA law.