Card Set Information

2011-12-13 17:12:13

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  1. Contingent fees
    Generally allowed.

    • Not allowed in:
    • - Criminal cases
    • - Divorce cases (BUT, is allowed to recover alimony after divorce has been granted)

    Must be in writing
  2. Fee arrangements
    Must be discussed with clients and, preferably, put in writing.
  3. Scope of representation
    Must be discussed with clients and, preferably, put in writing.
  4. Divulging infor regarding client's representation
    Generally, can't do it.

    • Exceptions:
    • - Consent given
    • - Disclosure is impliedly authorized
    • - May reveal if:
    • • preventing reasonable certain death or bodily harm;
    • • preventing the commission of a substantial financially injuring crime while using lawyer's services
    • • legal advice for compliance w/ rules (defense)
    • • claim is against lawyer
    • • complying w/ law or ct. order

    Disclosing confidential stuff is a DC FAD

    • Death or serious injury (reasonably certain)
    • Compliance w/ law or ct. order
    • Financial injury (substantial) using lawyer's svcs
    • Advice on compliance w/ rules
    • Defense of a claim against the lawyer
  5. Informed consent situations
    • 1. Representing two clients that may be adverse (so long as no conflict and lawyer can rep both)
    • 2. Business dealings
    • 3. Settlement w/ multiple clients
    • 4. Adverse former client from current client in a substantially related matter
    • 5. Representing party that he was a judge or arbitrator for in a similar matter
    • 6. Atty rec'd disqualifying info when talking to prospective client, didn't take him, then took prospective client's adversary


    • Settlement agreement w/ multiple clients
    • Adverse-possible current clients
    • Disqualifying info from prospective client; repping his adversary

    • Judge
    • Adverse former client
    • Business dealings
  6. Notice
    Given when a lawyer must be screened

    Given when representing an adversary of a former prospective client (also need informed consent)

    When selling law firm
  7. Selling law firm requirements
    • They may have their file
    • Presumption of acceptance of sale if no response w/in 90 days
  8. Screening situations
    • Assoc. at firm represented adverse client
    • Former gov't official who participated in the matter
    • Former private atty who is now a gov't official
    • Judged or arbitrated case
  9. Seek outside counsel––Recommendation
    • Business dealings
    • Payment of client's debts by third parties
  10. Seeking outside counsel––Required
    Limiting malpractice claims
  11. CJC 2.3––Bias
    • Don't be biased
    • Don't give the impression of bias
    • Don't let lawyers harass during proceedings
  12. CJC 2.9––Ex parte
    • Don't do it
    • Can get advise from disinterested expert w/ notice to all parties
    • Inadvertent ex parte? Notify non present parties
    • No independent investigation
    • Appropriate measures to prevent ex parte
  13. CJC 2.10––Outside statements
    If they might affect the pending matter, don't make them
  14. CJC 2.12––Staff
    Ct. staff must act in a manner consistent w/ how the judge has to act
  15. CJC 3.6––Discriminatory orgs
    Can't be a part of one
  16. CJC 3.13––Gifts
    • None that would give perception of impropriety
    • Can accept token gifts, hospitality, gifts/loans from friends and family w/o reporting