Ethical Issues with Clients Flashcards
Accepting Representation
No duty
May only avoid court appointment with good cause
- lawyer not competent
- conflict of interest
- unreasonably burdensome
Duty to reject representation
if it would result in violation of GA rules or other law, or when lawyer’s physical or mental condition materially impairs the lawyer’s ability to do the work.
When attorney-client relationship starts
When the client reasonably believes it exists
False or Misleading Advertising
GA Rules - Misleading if:
- material misrepresentation of fact or law or omits a fact
- is likely to create an unjustified expectation about results
- Compares the lawyer’s services with other lawyers’ unless comparison can be factually substantiated.
- fails to include the name of at least one lawyer responsible for its content
- contains any information about contingency fees without a conspicuous disclaimer that they are not always permitted and that court costs and other expenses are usually paid by the client; or
- contains the language “no fee unless you win or collect” or similar without a disclaimer.
Disclosures required directed to GA potential clients
NAP-R, NAP-L
Name, Address, Phone number of each lawyer or firm
That lawyer will Refer the matter to other attorney (if applicable)
use of any Non-Lawyer spokesperson or portrayal by an Actor
Paid testimonial or endorsement
Label of “Advertisement” if it resembles a legal document
Firm Names
Must not be misleading
Can have a trade name as long as it does not imply a connection with a government agency or public charity.
Includes the name of at least one lawyer practicing
Complies with rules of advertising
Shall not use name of lawer holding public office when that lawyer is not actively participating in the firm.
Solicitation
Prohibited through personal contact or live telephone contact with any non-lawyer.
Written Solicitation
Allowed UNLESS:
- Lawyer knows the person does not want to receive communication
- Involves coercion, duress, fraud, overreaching, harassment, intimidation, or undue influence
- Relates to personal injury or wrongful death w/in 30 days of the occurrence
Lawyer knows or should know that the recipient’s physical, emotional, or mental state is such that he cannot exercise reasonable judgment in hiring a lawyer.
- Must be marked “Advertisement” unless to a close friend, relative, or a former client.
Reasonable Fees
Factors to Consider “PET CARDS”
Preclusion from other employment
Expertise
Time and Labor
Customary fee in the community
Amount sought
Results obtained
Difficulty of the case
Skill
Contingent Fees not allowed
In domestic relations or representation of a D in a criminal case.
Contingent Fees
Must be in writing
Must include explanation of the basis for computation, whether and which costs will be deducted from the recovery, and whether deducted before or after computation of the contingent fee.
Must furnish a written statement explaining the outcome of the matter, if there is recovery, and explain the amount payable to the client and how it was computed.
Fee Splitting
Same firm - may share fees freely.
Different firms
- split proportionate to the services rendered by each lawyer or lawyers assumed joint responsibility.
- Client is advised of the fee split and does not object.
- Total fee charges is reasonable.
Referral fees
Not allowed unless from a bar-operated referral service.
Retainers
Belong to the client and must be placed in interest paying account or Interest on Lawyer Trust Account (IOLTA) separate from all other money.
Cannot cominlgle lawyer funds (except used to pay bank charges) with business accounts.
Cannot borrow or withdraw from a trust account until they undisputably belong to the lawyer.
Mandatory Withdrawal from Attorney-Client Relationship
VAC
Violation of GA rules would result from representation
Attorney health materially impairs his ability to represent
Client discharge, unless ordered by the court to continue
