attny client conflict ctd.

Question 1

Gen analysis under 1.7 ask:

Answer 1

is there a significant risk that the lawyers responsibilities to a client will be materially limited by persona interest of the lawyer

Question 2

if yes under 1.7

Answer 2

Reasonably believe that lawyer will be able to provide competent/dilligent rep AND
Obtain clients informed consent in writing

Question 3

Contignecy Fee requirements

Answer 3

1. in writing
2. signed by client
3. stating method for which fee is to be determined

Question 4

fee determinatiuon

Answer 4

including % to lawyer, expenses to be decucted from recovery, whether expenses are deducted before or after fee is calculated

Question 5

requirments for the writing provided at conclusion

Answer 5

1 shall state outcome

2. any remiitance
3. method for determination

Question 6

contigency fees prohibited when:

Answer 6

1. domestic relations matter when the payment/aount is contigency upon the securing of divroce, alimnony amoumt, support amount, or prop settlemtn. OR crimian def.

Question 7

media rights

Answer 7

cant make deal/negotiate before rep is completed if based on substantial part relating to the rep.

Question 8

financial assistance to clients

Answer 8

gen rule prohibits giving financial assisstance in connection with pending or contemplated litigation.
exceptions. may advance court costs/expenses
may pay costs/expenses for indigent persons
TX may advance medical/living expsnes.

Question 9

Prospectively limiting lawyer liability

Answer 9

Not allowed unless client is independelty repressented in making the agreement,
lawyer cant settle malpractice unless written advisement to seek other counsel

Question 10

proprietary info

Answer 10

general rule against unless

1. lien to secure fees or expenses
2. contigency fees

Question 11

division of fee b/w lawyer not in the same firm only permitted if:

Answer 11

Division in proportion to services performed (if stay involved) or each assumed joint responsibility (if they dont stay involved) cient must agree in writing and fee is reasonable