FL Professional Resonsibility Flashcards
The __________ practice or area of practice may be sold to ___________ purchasers.
Entire; different
Sale of Law Practice
Permitted, but certain requirements.
The purchaser must be ___________ to practice law in Florida.
Authorized
Written _________ 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 _____ days of the notice.
Notice; 30
The purchaser cannot _________ the fee.
Increase
A Lawyer can only practice in state where ___________.
Admitted
Lawyer not licensed in Florida cannot __________ to provide legal services in Florida.
Advertise
A lawyer not admitted in Florida cannot ______________ in Florida or hold out to the public that the lawyer is admitted in Florida.
Open an office
But in areas of __________ law involving immigration, patent and _________, a lawyer admitted in ___________ jurisdiction may provide legal services in Florida limited to these specific areas of federal law.
Federal; tax; any
Pro hac vice - Must file a motion with ____________ asking permission to appear in that case.
The court
More than ___ appearances within ______ day period is presumed to be general practice of law and thus ineligible for admission pro hac vice.
3; 365
Inactive, __________ and former members of Florida Bar not eligible for admission pro hac vice.
Suspended
Florida _________ is not eligible for pro hac vice unless application for admission to the Florida bar has been filed.
Resident
Lawyer cannot assist another to engage in _______________.
Unauthorized practice of law
Lawyer must _________ non-lawyer staff. Florida uses phrase “specifically delegated” work.
Supervise
Lawyer cannot accept employment by _________ group the purpose of which is to ___________ non-lawyers.
Non-lawyer; supervise
A suspended or ________ lawyer cannot be employed under the supervision of another lawyer who was supervised by the individual at the time of the acts that caused the suspension or disbarment.
Disbarred
A lawyer admitted in a state other than Florida may provide ___________ legal services in Florida if:
(a) undertaken in association with a Florida lawyer who ___________, or
(b) reasonably _________ to a pending or potential proceeding where the lawyer is admitted, or
(c) performed for a client who ________ where the lawyer is admitted, or
(d) reasonably related to the ______________ where lawyer is admitted.
Temporary;
(a) actively participates;
(b) related;
(c) resides;
(d) lawyer’s practice
Restrictive covenants __________ permitted for lawyers.
Are not
Pro bono:
(1) Not required - only aspirational (20 hours per year or $350 donation);
(2) Reporting of pro bono hours is required
No false, __________, or misleading firm names.
Deceptive
Trade names are generally peritted, but:
(a) some trade names not permitted - avoid ___________
(b) cannot imply connection with _______________ agency or public charitable legal services organization
(a) deception
(b) government
Law firm name CAN include “Legal Clinic” or “Legal Services” if law firm’s practice devoted to routine legal services at __________ rates.
Reduced
The name of of a lawyer holding public office _________ be used in the name of law firm during any period in which that lawyer is not actively and regularly practicing with the firm.
May not
“Nonsense” name is allowed for advantageous position in __________ directly but only if the lawyer actually practices under that ___________ name.
Telephone; nonsense
Fee cannot be ____________.
Clearly excessive
Fee cannot be generated by employment based on violation of the ____________ or solicitation rules, or by fraud.
Advertising
Fee cannot exceed a __________ fee or constitute clear overreaching or unconscionable demand. Consider:
(a) _________ of tie spent on matter
(b) time _____________ placed on lawyer by client or circumstances
(c) complexity and ____________
(d) __________ of money involved
(e) lawyer’s skill, ____________ and reputation
(f) what is customarily charged in the _______
Reasonable
(a) amount
(b) limitations
(c) novelty
(d) amount
(e) experience
(f) area
Lawyer is paid ____________ of recovery if client is successful in contingency fee.
A percentage
Contingency fee agreement must be __________ and ________ by client and every participating lawyer.
In writing; signed
Non-contingency fee agreements ________ required to be in writing unless any portion is ___________.
Are not; non-refundable
Agreement must state method of calculation:
(a) percentages in event of settlement, ______ or appeal
(b) if expenses will be deducted ___________ percentage taken
trial; before
At conclusion of case, ___________ statement with calculations and final fee must be provided.
Closing
Domestic relations cases:
(a) _______ contingency fee in divorce, alimony, custody, and support cases.
(b) Contingency fee is allowed in a case to collect ____________ balance of support or alimony.
No; post-judgment
Contingency fee allowed in a criminal case?
No
Client has right to cancel within ____ days, and owe no fee in personal injury or property damage case. Client however, is obligated to pay reasonable __________ advanced by lawyer.
3; expenses
Statement of Client Rights must disclose lawyer’s _________ and education.
Experience
Statement of Client Rights must disclose whether lawyer will handle the case ________.
Alone
Statement of Client Rights must disclose right to a __________ statement.
Closing
Statement of Client Rights must disclose right to be kept fully ____________.
Informed
Statement of Client Rights must disclose client’s right to make _____________ decision.
Settlement
Limits on percentage of recovery: Before answer
(1) Up to $1 million:
(2) Between $1-2 million:
(3) Over $2 million:
(1) 33.3%
(2) 30%
(3) 20%
Limits on percentage of recovery: After answer
(1) Up to $1 million:
(2) Between $1-2 million:
(3) Over $2 million:
(1) 40%
(2) 30%
(3) 20%
Limits on percentage of recovery: If ∆ admits liability
(1) Up to $1 million:
(2) Between $1-2 million:
(3) Over $2 million:
(1) 33.3%
(2) 20%
(3) 15%
Limits on percentage of recovery: + _____ for appeal.
5%
Limits on percentage of recovery - Medical malpractice cases: Top contingency fee is _____ for first $250,000 in damages, and ______ of all damages over $250,000.
30%; 10%
Sharing of fee with lawyers in same firm allowed even if lawyer _______ work on case.
Did no
Sharing of fee with a lawyer in a different firm. Allowed if:
(a) Total fee is _______, and EITHER
(b) fee is split based on ________ of work, OR
(c) there is a _______ agreement with client and:
(1) each lawyer assumes joint ____________, and
(2) each lawyer is available for ___________
(3) the basis of the fee split must be ___________ to client
(4) lawyer need ______ actually do any work to share in fee
(d) Advertisement must state any intention of lawyer to ______ case to another lawyer.
(a) reasonable
(b) amount
(c) written
(1) responsibility
(2) consultation
(3) disclosed
(4) not
(d) refer
Personal injury or property damage cases:
(a) ____% minimum for lawyer with primary responsibility
(b) Waiver permitted with court permission if ________ participation
(a) 75
(b) equal
Sharing of legal fee with ___________ is prohibited:
Non-lawyers
Business that provides both legal and non-legal products _______ permitted.
Is not
Non-lawyer ________ invest in legal services business.
Cannot
Non-lawyers cannot control professional ___________ of lawyer.
Judgment
Kickbacks for referrals ________ permitted.
Are not
Bonus can be paid to non-lawyer employee for extraordinary effort if not based on __________ of business or percentage of ____________ received.
Generation; legal fees
Lawyer may share ___________ attorneys fees with ______________ pro bono organization that hired lawyer in that matter.
Court awarded; a non-profit
Non-client paying fee permitted if:
(1) client ____________
(2) there is no _____________ with the attorney-client relationship
(3) _____________ is protected
(1) consents
(2) interference
(3) confidentiality
If lawyer is paid by insurance company to represent the insured, insured must receive Statement of Client Rights informing insured that:
(1) Lawyer will follow ___________ from insurance company if insurance policy so provides.
(2) Lawyer may share ___________ information from insured with insurance company.
(3) Insurance policy may give insurance company right to decide whether to _________.
(1) Instructions
(2) Confidential
(3) Settle
Forms of payment:
(a) Cash, credit cards, real property, personal property
(b) Possible problem with property payment if lawyer has _________ knowledge of value of property.
(c) Transfer of ________ rights prior to conclusion of case __________ permitted.
(b) Greater
(c) Media; is not
All __________ must be reasonable. Consider ________ expense and prior disclosure to client.
Expenses; actual
Business deals with clients are permitted if:
(a) deal is ________ and reasonable to _________
(b) deal is __________
(c) client given reasonable opportunity to get _________ counsel, and
(d) client consents _____________
(a) fair; client
(b) in writing
(c) independent
(d) in writing
Acceptance or solicitation of a _____________ gift involving a legal ____________ to lawyer or lawyer’s family member is not permitted, unless client is __________ to lawyer.
Substantial; instrument; related
If client insists on gift to lawyer, _______ law firm cannot prepare the instrument.
Entire
Financial help to client:
(a) General rule:
(b) Lawyer cannot ______ client’s bills and cannot _______ money to client.
(c) Exceptions: lawyer can pay court costs and _______ expenses in __________ case or if client is __________.
(a) Not allowed
(b) pay; lend
(c) litigation; contingency; indigent
Lawyer cannot limit liability for ______________.
Malpractice
Agreement for mandatory _________ of fee disputes is allowed if client is advised ____________ to retain independent counsel.
Arbitration; in writing
Lawyer cannot settle ___________ case with client without telling client in writing to get independent counsel.
Malpractice
Family members cannot act as _________ counsel.
(a) family members include parents, siblings, spouse, and children
(b) client waiver permitted
(c) law firm ________ disqualified
Opposing; will not be
Lawyer cannot represent two clients if:
(a) clients’ interests are ______ adverse, or
(b) lawyer’s representation of one creates substantial risk of ________ limitation of ability to represent the other.
(c) Clients can _______ conflict by consenting, but only if attorney reasonably believes that there will be no adverse effect and must be in writing.
(a) directly
(b) material
(c) waive
Representation of _________ clients on same side in ______ case is generally permitted.
Multiple; civil
But watch out for possible conflict with an aggregate settlement offer. _____ clients must _______ after consultation and disclosure.
All; consent
Representation of multiple _______ defendant clients in same case:
(a) It _______ ineffective assistance of counsel as a matter of law.
(b) But watch out for conflict between co-defendants.
Criminal; is not
Cannot represent ______ client who is suing a former client in same or substantially related matter.
New
Cannot use confidential information against _______ client on behalf of new client.
Former
Former client can ________ and waive conflict.
Consent
Former ____________ lawyer cannot enter private practice and represent client in a case that the lawyer was personally and substantially involved.
Government
Former government lawyer cannot use __________ government information.
Confidential
Corporate lawyer’s client is _________, not directors, officers, or employees.
The corporation
Consider any conflict between corporate entity and individuals. If no conflict, lawyer can represent ________.
Both
General rule - if one lawyer is disqualified because of a conflict, _________ firm is disqualified.
The entire
Exceptions: The entire law firm ________ disqualified if:
(a) family member as _________ counsel created conflict
(b) conflict is a “___________ interest” conflict
(c) if newly associated ___________ lawyer or ________ is screened and does not share fee.
Is not
(a) opposing
(b) personal
(c) ex-government; ex-judge
Conflicts created by ________ in a law firm do not disqualify entire law firm if that person is __________.
Non-lawyers; screened
