Newnee Pr Flashcards
Compensation from 3rd party
ABA
1. informed consent (CA- informed written disclosure + written consent)
2 no interference with judgment
3. no confidential info
emergency consent could be later
CA also adds no disclosure and consent needed if court order or rendering legal services on behalf of a public agency/nonprofit
acquiring proprietary interest in litigation (not media rights)- ABA ONLY
Litigation only —– must not acquire proprietary interest in COA/subject matter of litigation except the lawyer may
1) acquire a lien authorized by law for fees and
2) contract with a client for reasonable contingent fee in a civil case
if proprietary interest in nonlitigation
normal business
FDOC
Fair terms
Disclosure written of nature and role of the lawyer
Outside counsel- written advice to
Consent, written signed
CA rule for literary media rights and proprietary interest
all just normal business
foreclosure sale in CA only
must comply with CA probate code code
lawyer must not purchase with whom the lawyer is personally or professionally related
represent a seller the purchaser is a spouse or relative of lawyer/employee at lawfirm
COI new firm
SCREENING
1. screened off properly
2. no fee sharing
3. former client given notice
CA- still cant if substantially participated in the same or substantially related matter at prior firm
***but can be waived by the former client in WRITING
prospective client imputation
other lawyers at firm may repreent a current client against the prospective client without consent if
- disqualified lawyer avoided exposure to more confidential info
- screened off and will not share fees
- written notice to prospective client
to gov work
must not participate if personally and substantially while in private practice unless gov gives informed consent confirmed in writing
prior personal and substantially as a judge, law clerk, or third party neutral
all parties to a proceeding must give informed consent confirmed in writing
or
imputation to others may be cured if screened off no sharing fee and written notice to all parties
CA rule for prior role at mediator or settlement judge
imputation cannot be cured
role as an evaluator- ABA only
no CA counter part
if the evaluation will materially harm the client, lawyer must obtain informed consent before making the valuation
retainer
CA only- if true retainer, client must agree in writing after disclosure that they will not receive any refund
contingent fee is limited in CA for
medical malpractice case
CA -contingency disclosure
lawyers percentage is not set by the law and
client will be charged for work not covered by the contingency
(client may void the k for the failure of this and recover reasonable fee for services rendered)
safekeepting and delivery ca rule
absent good cause, client or third party must be notified within 14 days of receipt of fund or property
CA disputed fund
must be returned promptly. if not in 34 days, rebuttable presumption of violation of the rules
lawyer may share legal fees with nonlaywers
- non lawyer employees
- death benefits
- buying a practice of a deceased lawyer
CA+ nonprofit organization:
1. 501 tax exempt
2. org and lawyer written agreement
3. client written disclosure, consent in writing
4. total fee not increased bc of it
duty of candor to the tribunal
- correct material false statement
- disclosing facts in ex parte
- disclosing harmful authority
CA- cant knowingly misquote
knowledge of false evidence
must not offer
reasonable belief of falsity
may refuse to offer
remedial measures
- urge client to cooperate
- if not, withdraw
- tell the judge
(you cant tel the judge
criminal defendant= false testimony and you know
- persuade
- withdraw
- tell the judge
CA- narrative form after trying to dissuade and failed to get permission to withdraw
CA special rule for communicatin with juror
- lawyer in case- cannot communicate directly or indirectly for ANY subject
- lawyer not in case- not about the trial if you know they are a juror
3.includes families - no investigation in a manner to influence
even excused ones
CA
no suppressing evidence
Advising one to hide or flee
adising person not to give info
may advise family of client or agent of client, or client, if in the best interest not to give info
CA- no counter part
prosecutor diff
aba-not subpoena a a lawyer about a client unless p reasonably beleives it sn not priviledged, essential, and no feasible alternative
unrepresented person
- im not disinterested
- correct them if they think so
- no legal advice
ca+ dont try to get privileged matter
heavy-handed tactics
ABA- must not use means that have no substantial purpose other than embarrass, delay, or burden a third person( CA did not adopt this rule bc would not be interpreted in a consistent matter)
no false or misleading statement
unfounded conclusion, achievements that leads to unreasonable expectation, unsubstantiatied comparison,
disclaimer good
CA= language, no fee without recovery must be whether or not includes any costs
CA business and professions code
no gaurantee of outcome, quick cash or settlement, impersonation, dramatization, contingent fee that does not warn of litigation costs if loses
every communication about a lawyer must include
name and contact information
solicitation is a targeted communication
live solicitation is not allowed
exceptions
other lawyers
family or prior professional relationship to lawyer
regular use of tht service
CA- does not count the last one
CA solicitation must say AD unless
lawyer or its apparent
civ pro- relating back doctrine for a new claim
v. for a new defendent
if arises from same T/O or SOL allows it
SOL allows it or due to mistaken identity
[1. same t/o
2. new party receives notice of suit ithin 90 days of original filing and
3. new party knew or shouldve known they would be sued (mistake of the identity)]
undue influence factors
unfairness of resulting bargain, unavailability of independent advice, susceptibility of the assenting party
irrevocable offers
remedy for promissory estoppel
if no valid contract –> reliance damages
if valid contract –> expectation damages
