Establishing Legal Practice Flashcards
Naming the Law Firm
A lawyer must not use a firm name or letterhead that is false or misleading.
Firm name must not:
1) be a trade name, be misleading as to the identity of the lawyers, or include names other than those at the firm (unless dead or retired)
2) include the name of a lawyer holding public office
Sharing of Legal Fees With Laypersons Exceptions
1) an agreement provide for the payment of money to the lawyer’s estate after the lawyer’s death
2) payment of the purchase price of a law practice to the estate or representative of a deceased, disabled, or disappeared lawyer
3) payments pursuant to a compensation or retirement plan
4) Sharing of court award of legal fees with the nonprofit organization that employed or retained the lawyer’s employment
5) Sharing any legal fees with a qualified nonprofit organization that recommended the lawyer’s employment
When is a Lawyer Responsible for Another’s Conduct?
1) The lawyer orders or ratifies the specific conduct
2) The lawyer is a partner or similar manager in the firm in which the lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at the time when its consequences can be avoided or mitigated but fails to take reasonable remedial action
Responsibilities of Subordinate Lawyer
A lawyer does not violate RPC if he acts in accordance with a supervisory lawyer’s reasonable resolution of a question of professional duty
Restrictions on Right to Practice
A lawyer must not participate in an agreement that restricts the rights of the lawyer to practice, except:
1) An agreement concerning benefits upon retirement
2) An agreement in which the restriction is part of the settlement of a claim or controversy
Sale of Law Practice: General Rule
A lot practice must be sold in its entirety, and must not be purchased with the primary purpose of reselling it
Sale of Law Practice: Sale Agreement
1) Must provide that the purchasing lawyer will honor any fee agreement relative to matters that are ongoing at the time of sale
2) May include terms that reasonably limit the ability of the selling lawyer to reenter the practice of law
Sale of Law Practice: Written Notice to Clients
The selling in purchasing lawyer must provide written notice of the sale to clients which includes information regarding the sale, biographical information on the purchasing lawyer, the client’s right to retain other counsel take possession of case files, and the fact that consent will be presumed within 90 days of receipt of the notice
