3. Duties of Law Firms and Other Employers of the Lawyers Flashcards
What is the rule regarding imputed disqualifications among members of a law firm?
None of the lawyers may knowingly represent a client when any of them practicing alone would be prohibited from doing so under conflict-of-interest rules.
How does imputed disqualification operate when a lawyer changes firms?
The Rules adopt a lenient approach focusing on whether the incoming lawyer has specific knowledge about conflicting clients from the previous firm.
Does a lawyer who changes firms need client consent before representing a client at the new firm in a related matter?
Yes, a lawyer must get consent from a client of the former firm before representing a client at the new firm in the same or substantially related matter.
Can a lawyer represent someone against a former client in a closely related matter?
No, unless they have the former client’s consent after consultation.
What can a former law firm do after a lawyer leaves?
The firm can represent a client with interests adverse to a former client of the departed lawyer, unless the case is closely related and any current firm lawyer has relevant confidential information.
Can a client waive the disqualification?
Yes, a client may waive the disqualification.
What is the rule for a lawyer transitioning from public service to private practice?
A lawyer cannot represent a private client in matters they significantly engaged in as a public officer unless they obtain consent from the relevant government entity after consultation.
What is included in the definition of ‘matter’?
Includes judicial or other proceedings, requests for rulings, contracts, claim controversies, investigations, and anything defined as a matter by conflict of interest rules.
What is the rule regarding imputed disqualification for a firm involving a former government lawyer?
A firm may not represent a matter involving a former government lawyer unless that lawyer is excluded from participation and fee sharing.
What is the general rule for a lawyer’s service as a judge or mediator?
A lawyer may not represent anyone in connection with a matter in which they participated personally and substantially unless all parties consent after consultation.
What are the responsibilities of a partner or supervisory lawyer?
Must make reasonable efforts to ensure compliance with the GRPC among all lawyers in the firm.
Under what circumstances can a subordinate lawyer avoid violating the Rules?
If they act in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.
What must partners ensure regarding non-lawyer assistants?
Must ensure that the conduct of non-lawyer assistants is compatible with the professional obligations of lawyers.
Can a lawyer assist a non-member of the bar in unauthorized practice of law?
No, a lawyer may not assist a person who is not a member of the bar in unauthorized practice.
What is the general rule regarding fee-sharing with non-lawyers?
A lawyer is generally prohibited from sharing legal fees with a non-lawyer.
Lawyer and Non-Lawyer Partnerships for Practicing Law Prohibited;
A lawyer or law firm cannot form a partnership with a non-lawyer or non-legal firm, such as an accounting/consulting firm if the activity of the partnership would include the practice of law.
Professional Corporations;
A lawyer may not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if a non-lawyer:
- owns any interest in the corporation;
- is a corporate director or officer of the corporation; or
- has the right to direct or control the professional judgment of a lawyer.
What is one exception to the fee-sharing prohibition?
A lawyer or law firm may include non-lawyer employees in a compensation or retirement plan based on profit-sharing.
Providing Law-Related Services;
Law-related services are those that might be reasonably performed in conjunction with, and in substance are related to, the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a non-lawyer.
Contractual Restrictions on Right to Practice;
The Rules forbid a lawyer from contractually limiting their right to practice to prevent being pressured into doing so during negotiations.
A lawyer must not engage in creating or offering agreements that:
- Limit a lawyer’s right to practice post-relationship, except for retirement benefits;
- Include practice restrictions in private dispute settlements.
Are noncompetition agreements between lawyers allowed?
No, they are prohibited as an incident of an employment agreement.
Any such agreement, even if limited to a short time, to a particular locality, or to clients of the firm, is prohibited.
The employer of partner imposing the restriction, as well as the employee who agrees to it, violates this rule.
What is the only exception to the rule against noncompetition agreements?
Parties can agree that retirement benefits will be forfeited if a lawyer enters into competition after leaving a former firm.
What conditions must be met for a lawyer or law firm to sell a law practice?
The practice must be sold in its entirety to another lawyer or firm, and written notice must be given to each of the seller’s clients.
Do negotiations prior to disclosing client-specific information violate confidentiality provisions?
No, they do not violate the confidentiality provisions of Rule 1.6.
