Integrity Flashcards
Integrity of the Legal Profession
- no unauthorized practice of law
- e.g. attorney assigns his duties
- no partnership with non-lawyers if the partnership involves the practice of law
- no legal fee-sharing with non-lawyers
- no capping or running
- advertising must be truthful and not include live in-person solicitation for profit
Fees: CA: Unconscionable
- Fee must not be unconscionable:
- shocks the conscience; or
- fraud or overreaching; or
- L fails to disclose a material fact
*ABA: unreasonable
Fees: CA: Agreement
Agreement (if total client cost reasonably foreseeable to be > $1,000) must be in writing, UNLESS
- emergency or otherwise impractical; or
- arrangement implied by previous agreement with same client for similar services; or
- written waiver by client of writing requirement; or
- client is a corporation
Fee Splitting
- fees for legal services may be shared with lawyers only if client consents in writing and total fee is not increased solely because of fee-sharing
- NEVER allowed with non-lawyers
Fee Splitting: ABA
- proportional to work allocation
- each L responsible for all
- client advised and does not object
- total fee is not unreasonable
Fee Splitting: CA
- written disclosure and consent
- total fee not unconscionable
- total fee not increased by fee splitting
- CA allows forwarding/referral fees
Contingency Fees
- None allowed for criminal representation
- ABA: none allowed for domestic relations
- **CA: allowed in domestic relation, unless against public policy (e.g. encourages divorce)
- Must not be unreasonable
- **CA: unconscionable
Contingency Fees: Writing Required
- how fee is calculated; AND
- what expenses are to be deducted and what client is liable for ; AND
- when expenses are deducted (i.e. before or after L’s share)
***CA: statement that fee is negotiable and not set by law
Advocate: Meritorious Claim
- No frivolous claims
* CA: duty of member in government service - must have probable cause
Advocate: Fairness to Opposing Counsel
- No destruction/obstruction of access to evidence
- No frivolous discovery
- No request of another not to testify, UNLESS
- relative; or
- employee; or
- interests not adversely affected
- return inadvertent discovery
- no interview of represented person
Advocate: Trial Publicity
-No extrajudicial statement if L knows/should know will be DISSEMINATED and have substantial likelihood of MATERIAL PREJUDICE if information is released
Reporting
L who knows of violation that raises substantial question as to L’s/J’s honesty or integrity or fitness shall report, unless protected by confidentiality
Reporting: CA
NO duty to report other L/J but MUST report SELF if:
- malpractice lawsuits - 3 in one year
- civil suit for fraud
- felony charge
- judicial sanctions
- discipline in another state
- appellate reversal for
- incompetence; or
- malpractice
