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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
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Fee arrangements
Must be discussed with clients and, preferably, put in writing.
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Scope of representation
Must be discussed with clients and, preferably, put in writing.
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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
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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
SAD JAB
- Settlement agreement w/ multiple clients
- Adverse-possible current clients
- Disqualifying info from prospective client; repping his adversary
- Judge
- Adverse former client
- Business dealings
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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
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Selling law firm requirements
- They may have their file
- Presumption of acceptance of sale if no response w/in 90 days
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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
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Seek outside counsel––Recommendation
- Business dealings
- Payment of client's debts by third parties
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Seeking outside counsel––Required
Limiting malpractice claims
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CJC 2.3––Bias
- Don't be biased
- Don't give the impression of bias
- Don't let lawyers harass during proceedings
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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
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CJC 2.10––Outside statements
If they might affect the pending matter, don't make them
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CJC 2.12––Staff
Ct. staff must act in a manner consistent w/ how the judge has to act
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CJC 3.6––Discriminatory orgs
Can't be a part of one
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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
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