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Pro bono work
Should aspire to 30 hours of pro bono work
Contingent Fees (Generally)
Are generally allowd for legal matters in washington, but are prohibited in criminal cases and comestic relations cases.
Contingent Fees agreements must be in writing and include an accounting of how they were spent
Contingent fee arangment
Must be reasonable and may take into account
- Time and labor
- Skill required
- Lawyer experiience
- Amount of employment lawyer will forgo in taking case
- Limitations imposed
- Amount involved and the results
- Customary charge locally
Lawyer referal service
A division of fees between the lawyer and an authorized nonprofit lawyer referral service is proper.
A lawyer must expedite and zealously advocate on behalf of the client
- Lawyers should take promt aciton, magae their caseloads in order to effectively rep their client, and complete all matters undertaken
A lawyer must no take a matter the lawyer is not competent to handle unless the lawyer can become competent without unreasonable expense or delay to the client
If lawyer dows not poess knowledge and skill, the lawyer may refer the matter or associate with a lawyer of established competence (if client gives informed conest and the total fee is reasonable)
Division of Fees (lawyers of different firms
- Must be made only
- (1) in proportion to the services provided or each lawyer assumes joint responsibility for the representation
- (2) the client agree to the aragement in writing and the total fee is reasonable
A lawyer makes tactical decions and a client makes substantive ones.
A lawyer must promptly inform the client of any decision or circumstance that requires the client's informed consent under the RPCs
Settlement of the contingent fee arrangement
Upon conclusion of the contingent fee matter, the lawyer must provide the client with a written statement containing
- (1) the outcome of the matter,
- (2) whether there was a recovery
- and (3) if there was a recovery, the mathod used to determine the amount due to the client.
Communication with other party
A lawyer must not communicate about the subject matter of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless there is consent.
In repping a client, a lawyer must not use means that have no substantial purpose other than to embarass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.
Lawyer as witness
Must not act as an advocate at a trial in which the lawyer is likely to be a necessary witness.
(May be a witness if the testimony related to an uncontested issue)
It is professional misconduct for a lawyer to commit a criminal act that reflects adveresly on the lawyer's honesty or trustworthiness.
A lawyer must expedite litigation and zealously advocate on behalf of the client
A lawyer must be truthful with the tribunal and must not knowingly make a false statement of fact or law.
A lawyer must not fail to make a reasonably diligent effort to comply with a legally proper discovery request by an opposing party.
- Communicates adequate informations
- explains maters risk
- reasonable available aletenatives
Concurrent conflict (when not allowed)
- SHALL not if
- (1) respresentaion of one client will be directly adverse to another rep
- (2) sig. risk the rep will be materially limited by lawyers responsibility to another client, former clien, third person, or personal interest.
Concurrent conflict (may represent)
Reasonable blieve will be able to provide competent/diligent rep
no same litigation or proceeding
AND informed consent, confirmed in writing
NOT ALLOWED AT ALL if Same proceeding/prohibited by law
- Signifigant risk or likelihood that conflict will occur
- whether representation would be materially limited because of the lawyers other responsibilities
Cannot represent another person in the same or substantially realated matter that is adverse to the former client unless informed consent is given
- Fair and reasonable
- fully disclosed
- advised to get independent counsel
- given reasonable time
- informed written consent
Information gained through reprsentation
Cannot use confidential infor to the disadvantage of a former client (except where required or permitted)
- No solicit substantial gift from clinet
- no preparing instrument that gives lawyer one unless the lawyer is realted to donor (close familial relationship)
Prior to conclusion, no agreement for media rights based on info in represenation
Cannot loan or guarantee money
Costs of litigation may be advance, but cannot be contigent. Client is responsible (unless class action or indigent.
Payment from third person
- Not accept payment unless
- informed consent
- independent judgment not compromised
- information regarding representation is protected
Agregate settlements/ pleas
None, unless infomed consent (includes what other client is getting)
Cannot limit unless indepedent representation in agreement by client.
Settling a claim with an unrepresented party for malpractyice
give time to get consel and advise in writing to seek independent counsel.
No proprietary interest in a matter in which the lawyer is invoved
(not counting contingent feels and a lawyers lien)
Sexual relations with a client
no sex with a current client (unless it existed before client became client)
not imputed to firm
No matter directly adverse to client repped by a related lawyer, unless client gives informed consent and no concurrent conflict of interest
Imputed Conflicts (generally)
One lawyer in firm disqualified, entire firm is disqualified for current clients and former clients
Imputed conflicts - terminated
allowed to represent clients to those who left, but not if there is a material adversity, same or substnatially related matter, or any left over confidential information
Imputed Conflict - lawyers joins
- No representing in matter lawer is disqualified unless
- no portion of fee
- notice of conflict and screening mechanism
- not information related to former representation transmitted
Imputed Conflict for government workers
No matter which lawyers partcipated personally and substantially while in gov't unless appropriate agency gives informed written consent.
(same goes if switches from private to public or vice versa)
Negotiation for private employment
No negotation for private employment if partcipated substantially and personally
(exception for law clerk - notice to officer they worked for)
Former judge or netural third party
Cannot rep someone where the person was a judge, arbitor, mediator, unless all parties in proceedings give informed written consent.
Law firm (timely screened, written notice)
Partisan arbitrator is OK in multi panel abrbitration.
Duties to prosepective clients
(def- discusses forming client/lawyer realtionship)
Lawyer shall not use or reveal info learned from consultation
COI for potential clients - cannot if materally adverse and harm to prospective client