Establishing Your Practice

Question 1

Ads and Communication

Answer 1

1) Lawyer cannot create unjustified expectation, or make in verifiable comparison about goods w.out factual verification
2) every ad must include name of lawyer responsible for content
3) a Lawyer who advertise fee or fee range shall include all possible terms, fee and their duration.
4) Every ad and written communication regarding contingent fee, shall contain the following disclaimer. “ You may have to pay opposing party attorney fees and costs in the event of a loss.”

Question 2

Advertising Rule

Answer 2

1) Copy to state bar within 15 days of 1st dissemination
2) Retained for 4 years
3) Provide data form within reasonable time to the state bar.

Question 3

Advertising

Contingent Fee

Answer 3

1) Must CLEAR statement TERMS and basis of the FEE; and at the conclusion of a contingent fee matter, the lawyer shall provide the client with a WRITTEN STATEMENT stating the OUTCOME of the matter, and if there is a RECOVERY, showing the remittance to the client and the method of DETERMINATION
2) a contingent fee agreement shall be in writing and shall state, in bold face type that is least as large as the largest type used in the contingent fee agreement.

a) the METHOD by which the fee is determined,
* (including the % that shall accure to the lawyer in the event of a settlement, trial or appeal)

b) whether litigation and OTHER EXPENSES are to be DEDUCTED from recovery.
c) Whether such expenses are to be deducted before or after contingent fee is calculated.
d) whether the client is liable for expenses regardless of outcome.
e) That in the event of a loss, the client may be liable for the opposing party’s attorney fees and costs; and
f) the a suit brought solely to harass and coerce a settlement may result in liability for malicious prosecution or abuse of process.

Question 4

Contingent Agreement writing should include:

Answer 4

1) the METHOD by which the fee is determined,
* (including the % that shall accure to the lawyer in the event of a settlement, trial or appeal)

2) whether litigation and OTHER EXPENSES are to be DEDUCTED from recovery.
3) Whether such expenses are to be deducted before or after contingent fee is calculated.
4) whether the client is liable for expenses regardless of outcome.
5) That in the event of a loss, the client may be liable for the opposing party’s attorney fees and costs; and
6) the a suit brought solely to harass and coerce a settlement may result in liability for malicious prosecution or abuse of process.

Question 5

Specialist Expert

Answer 5

1) Specialist is recognized in patent or _____.

2) a lawyer is certified by NV state board of governors including but not limited to those approved by the ABA and the lawyer meets the following conditions
a) devotes 1/3 of practice to each area of specialty for each of the proceeding calendar years

b) completes 10 hours CEL in the area of the speciality in the previous year
c) carries a minimum of 550k in malpractice insurance, unless practice is exclusive public law
d) register with state bar, pay fees and submit annual reporting and compliance forms.