CMoney Florida Professional Responsibility Flashcards
Sale of a law practice is permitted but is subject to certain requirements. They are:
- The entire practice or area of practice may be sold to different purchasers (some states only allow one) 2. The purchaser must be authorized to practice law in Florida. 3. Written notice must be sent to the firm’s clients informing them of the sale and their right to retain other counsel. Client consent is presumed if the client does not object within 30 days of the notice. 4. The purchaser cannot increase the fee. (must honor the fee agreement)
Generally, a lawyer can only practice in a state where _____.
admitted.
A lawyer not licensed in FL cannot ____ to provide legal services in FL.
advertise
A lawyer not admitted in FL cannot _________ in FL ior hold out to the public that the lawyer is admitted in FL.
establish an office.
In areas of Federal law involving __, _____, and ___, a lawyer admitted in another jx may provide legal services in FL limited to these specific areas of law.
patent, immigration, tax
In order to be admitted pro hac vice in FL, a non Florida laywer must _____. The attorney may be admitted for _____.
file a motion with the court; that case only
More than __ appearances in 365 days is presumed to be general practice of alw and thus ineligible for admission pro hac vice.
3
_____, _______, and _____ not eligible for admission pro hac vice
- inactive 2. suspended 3. former members of the FL Bar
Florida resident is not eligible for admission pro hac vice unless
application for admission has been filed.
A lawyer cannot assist another to engage in ____.
the unauthorized practice of law
Lawyer must ____ non lawyer staff. This means what?
supervise Lawyer must give non-lawyer “specifically delegated” tasks. Can’t say “handle things while I’m gone.”
Lawyer cannot acempt employment by a _____ group the purpose of which is to ___ non laywers.
nonlawyer assist Sham: paralegals formed a law firm and hired 1 lawyer to supervise.
A __ or _____ lawyer cannot be employed under the supervision of another lawyer who was supervised by teh individual at the time of the acts that caused teh suspension or disbarment.
suspended or disbarred (can’t be a clerk at the law firm after you were disbarred at that firm).
A lawyer admitted in a state other than FL may provide temporary legal services in FL if:
- undertaken in association with a FL lawyer who actively participates, OR 2. reasonably related to a pending or potential proceeding where the lawyer is admitted, OR 3. performed for a client who resides where the lawyer is admitted, OR 4. reasonably related to the lawyer’s practice where lawyer is admitted *Interviewing witnesses and reviewing documents is permitted.
T/F: Restrtictive covenants are permitted for lawyers.
Wrong. No restrictive covenants for lawyers.
What are the rules re pro bono in FL?
Pro bono is not required – only aspirational. Bar encourages you to complete 20 hours/ $350/yr. Recording of pro bono hours is required even if 0 hours completed.
In FL, there can be no _____, _____, or _____ firm names, such as Meader & Associates if a sole practitioner.
false, deceptive, misleading. No Ginsburg, Sotomayor, & Meader, LLC.
Trade names are generally permitted, but: (2 rules)
- avoid deceptive trade names 2. cannot imply a connection with an agency or public charitable legal services organization (like the SS office)
Law firm name can include “Legal Clinic” or “Legal Services” if law firm’s practice devoted to ______ at _____ rates.
routine legal services reduced (can’t be antitrust)
The name of a lawyer holding _____ may not be used in the name of th elaw firm during any period in which that lawyer is not actively and regularly practicing with the firm.
public office
“Nonsense” name is allowed for advantageous position in the _______, but only if the lawyer/firm actually practices under that nonsense name.
telephone directory So If Aaaaaaawesome law firm. Have to present yourself that way in court.
Fee cannot be ________ ________.
clearly excessive ($1000 per hour)
Fee cannot be generated by employment based on violation of the _____ or ______ rules, or by fraud.
advertising or solitication If ad is unethical, then so is fee.
Fee cannot exceed a reasonable fee or constitute clear overreaching or unconscionable demand. Factors to consider include:
- Time spent on the matter 2. Time limitations placed on the lawyer by the client or circumstances. 3. complexity and novelty 4. amount of money involved 5. lawyer’s skill, experience and reputation 6. what is customarily charged in the area (VA different than Miami, e.g.)
What is a contingency fee? What is required in order for a lawyer to charge a contingency fee?
Lawyer is paid a percentage of recovery if the client is successful. Agreement must be in writing and signed by client and every participating lawyer.
What is required in a contingency fee agreement?
- In writing 2. Signed by client 3. Signed by every participating lawyer Agreement must state: 1. percentages in event of settlement, trial, or appeal 2. if expenses will be deducted before or after percentage taken At end of case, closing statemenet with calculations and final fee must be provided. In personal injury and property damage – statement of client rights.
Non-contingency fee agreements are ____ required to be in writing unless ___.
not any portion is non-refundable.
At the conclusion of a case with a contingency fee, what must be provided?
A closing statement with calculations and final fee.
There can be no contingency fee arrangement in what types of cases? *Exception?
divorce, alimony, custody, support criminal cases * Exception = contingency fee is allowed in a case to collect post judgment balance of support or alimony. Considered a collections case.
What is included in the statement of client rights req’d in contingency fee cases?
- Client has a right to cancel within 3 days and owe no fee. Cleint, however, is required to pay reasonable expenses advanced by lawyer. 2. statement must disclose lawyer’s experience and education 3. statement must disclose whether the lawyer will handle the case alone. 4. statement must disclose the right to a closing statement 5. statement must disclose the right to be kept fully informed. 6. statement must disclose client’s right to make settlement decision.
There are fee limits on percentage of recovery in fee contingency cases.
Before Answer: 1. up to $1 million = 33.33% 2. between $1-$2 million = 30% 3. over $2 million = 20% After Answer: 1. up to $1 million = 40% 2. between $1-$2million = 30% 3. over $2 million = 20% If D admits liability 1. Up to $1 million = 33.33% 2. between $1 - $2 million = 20% 3. over $2 million = 15% Appeal = 5% Medical Malpractice 1. For 1st $250,000 = 30% 2. over $250,000 = 10% of all damages
T/F: Sharing a fee with lawyers in the same firm is allowed even if the other lawyers did no work on the case.
True.
Sharing of a fee with a lawyer in a different firm is allowed if:
- total fee is reasonable, and either A. Fee is split based on the amount of work OR B. there is a written agreement with the client; and 1. each lawyer assumes joint responsibility and 2. each lawyer is available for consultation 3. the basis of the fee split must be disclosed to client and 4. lawyer need not actually do any work to share in the fee. 2. Advertisement must state any intention of lawyer to refer the case to another lawyer.
How must a fee be split in a personal injury or property damage case? What’s the policy concern?
75% minimum for lawyer with primary responsibilty Waiver with court permission if equal participation. FL doesn’t like attorneys who advertise and refer
T/F: Sharing of legal fee with a non-lawyer is prohibited.
True
A law partnership that provides both legal services and pizza is _____.
not permitted
Non-lawyers cannot _____ in legal services business.
Invest. FL lawyers can incorporate, but can’t have non-lawyer shareholders.
Non-lawyers cannot control the __________ or a lawyer.
professional judgment
Kickbacks for referral are ____ permitted.
not
Bonus can be paid to non laywer employee for extraordinary effort if not based on ____ or ________. What is the exception?
generation of business or percentage of legal fees received Can give secretary $1000 bonus if she’s been working nights and weekends so long as not 10% of all fees, e.g. Exception = Laywer may share court awarded attorneys fees with a not for profit pro bono organization that hired lawyer in that matter.
A non client paying the fee is permitted if:
- client consents 2. there is no interference with teh attorney-client relationship 3. confidentiality is protected. E.g., parent/child or corporation/director
If a lawyer is paid by insurance company to represent the insured, insured must received Statement of Client Rights informing the insured that:
- lawyer will follow instructions from insurance company if insurance policy so provides 2. lawyer may share confidential information from insured with insurance company 3. insurance policy may give insurance company right to decide whether to settle
What forms of payment can be accepted by attorneys?
cash, cc, real property, personal property
There is a possible problem with personal property payment where the _______.
attorney has greater knowledge of the value of the property
Transfer of media rights prior to the conclusion of a case is ____ permitted.
not
What is the problem with charging $10 to send a fax?
All expenses must be reasonable. Consider actual expense and prior disclosure to client.
Business deals with clients are permitted if:
- deal is fair and reasonable to the client 2. deal is in writing 3. client given reasonable opportunity to get independent counsel and 4. client consents in writing
Acceptance or solicitation of a _______ involving a legal instrument to a lawyer or lawyer’s family member is not permitted, unless client is ______ to lawyer. If a client insists on gift to lawyer, then ___.
substantial gift related The entire law firm cannot prepare the instrument. *Cannot take a gift from client via will that you drafted. .
What are the rules re providing financial help to a client?
General rule = not allowed. Lawyer cannot pay client’s bills and cannot lend money to the client. Exceptions = lawyer can pay court costs and litigation expesnes in contingency fee case or if client is indigent. (medical fee for damages, filing fee, etc.)
A lawyer cannot limit liability for ____. An agreement for mandatory arbitration of fee disputes is allowed if client is advised ______ to retain independent counsel.
malpractice. in writing
A lawyer cannot settle a _______ case with a client without telling the client in writing to get independent counsel.
malpractice (The client doesn’t have to get IC, but lawyer has to advise her to).
______ cannot act as opposing counsel.
family members inc.: parents, siblings, spouses, and children * Client waiver permitted *Law firm not disqualified, only the family member.
A lawyer cannot represent two clients if:
- clients interests are directly adverse, or 2. lawyer’s representation of one creates substantial risk of material limitation of ability to rep the other 3. clients can waive the conflict by consenting but only if attorney reasonably believes that there will be no adverse effect. Waiver must be in writing.
A lawyer representing two clients can proceed if waiverof conflict so long as
waiver is in writing and the attorney reasonably believes that there will be no adverse effect
T/F: Representation of multiple clients on the same side in a civil case is generally permitted.
True.
What should you watch out for in an aggregate settlement offer for multiple clients on the same side in a civil case?
All clients must consent after consultation and disclosure.
Is representation of multiple criminal defendant clients ok?
It is not ineffective assistance of counsel as a matter of law, but watch out for conflict of interest between co-defendants.
You cannot represent a new client who is suing a former client in _________, unless former client ______.
the same or a substantially related manner consents and waives conflict.
You cannot use ____ ________ against a former client on behalf of a new client.
confidential information
A former gov’t lawyer cannot enter private practice and represent client in a case that the gov’t lawyer was ______________.
personally and substantially involved.
A former gov’t lawyer cannot use _______
confidential government information
A corporate lawyer’s client is ______, not ______.
the corporation, not directors, officers, shareholders, or employees
A corporate lawyer can represent a director/officer/employee if
there is no conflict between the corporate entity and the individual
What is the general rule re conflict of interest and the rest of the attorney’s firm? Exceptions?
If one lawyer is disqualified because of a conflict, the entire firm is disqualifed. Exceptions: 1. family member as opposing counsel created conflict 2. conflict is a personal interest conflict (political view) 3. if newly associated government lawyer or judge is screened and does not share fee. (conflicts created by non-lawyer in law firm do not disqualify the entire law firm if non-lawyer with conflict is screened).
Conflicts created by non-lawyer in law firm do not disqualify the entire law firm if non-lawyer with conflict is ______.
screened