Outline w/ deff PR

Question 1

Fees

Answer 1

Reasonable
- cannot be excessive

Deff: What is customary fee in the community for similar work, time and amount of work involved, experience, ability and reputation of the lawyer.

• you cannot receive a fee from a 3rd party.
  UNLESS
  1. Client give consent
  2. no interference with attorney’s client relationship aka a decision making ability.
  3. attorney confidentiality maintained

court cannot order fees unless its by statue, sanction, or contract

Question 2

Contingency fee

Answer 2

Not allowed for family or criminal law

• Must be in writing
• Must describe, how fees are calculated, percentage attorney will receive, what expense are deducted and when.
• before the agreement is signed the client must be given a statement of rights and client has 3 days to retract

Question 3

Referral fee

Answer 3

Allowed if:
1. amount is proportional to amount of work each attorney is going to do

2. There is a written agreement with the client that each lawyer is doing joint work and the agreement sets out how the fee will be divided
3. cannot share fees with non lawyers

Question 4

Conflict of interest

Answer 4

1. Deff: Lawyer may not rep a client if doing so would be directly adverse to another client or
2. If the lawyer’s independent judgement would be materially limited by his responsibility to another client.
   UNLESS
3. Lawyer reasonably believes representation wont be adversely affected, and client gives informed consent
4. Lawyer cannot enter into a buss. transaction with a client or take a financial interest adverse to a client unless
   a) transaction is fair and reasonable
   b) there is full disclosure in writing
   c) client consents in writing after reasonable opportunity to have independent counsel
5. A lawyer cannot take a proprietary interest in the case itself but may secure a lien in the cause of action to get and secure their fees.

Question 5

Former client conflict of interest

Answer 5

lawyer who represented a client must not thereafter, represent another client in the same or substantially related matter in which that client’s interest are materially adverse to the former client unless

The former client gives informed consent.

Question 6

Imputed disqualification

Answer 6

• If a lawyer has a conflict of interest with a present or former client then that conflict is imputed to the rest of the lawyers in the firm.

Except if the lawyer leaves the firm

Question 7

Multiple clients want to be represented by the same lawyer

Answer 7

• They must be made aware of the implications of doing so. Ie potential conflicts that could come up. As long as they understand then its ok.

Question 8

Solicitation

Answer 8

• A lawyer cannot solicit business from a perspective client with whom they have no fam or prior professional relationship when the lawyer’s significant motive is pecuniary gain ($).

o AKA cant walk up to sum1 and say hey I want to be ur lawyer when trying to make $

Question 9

Advertising

Answer 9

• You may have a written mailing but it cannot contact an accident victim less than 30 days since the accident

1. name of lawyer and location of the practice is given
2. No false or misleading or deceptive information
3. Cant have any guarantees about the outcome.
4. You cannot reference areas of law that you do not practice
5. You can talk about specialize or expertise or knowledge if you are certified
6. If u have a mailing, the lower left part of envelop of mail has to say in red ink advertising and first page of actual letter should say advertisement in red ink.
7. Don’t discuss other lawyers or past results that are not verifiable
8. You can have testimonial but it cannot be by someone not qualified to evaluate it. Cant be by the person who has the actual experience and has to include a disclaimer that perspective clients may not get the same results.
9. Included in advertisement (mailing) must be a written statement detailing the background, training and experience of the lawyer.

Question 10

Professionalism

Answer 10

1. The lawyer at all times must act in professional dignified manner
2. When dealing with opposing counsel or the judge always act with integrity, be reasonable with time
3. Lawyer cant do anything to threaten harass or embarrass
4. When dealing with claims/ motions always make sure they are backed up with fact
   a. Cant do to delay and no frivolous claim
5. Lawyer always must be independent
6. Confidentiality: Always maintain this
   a. Lasts forever even after the death of a client
   b. Has to be maintained at all costs unless:
   i. Lawyer knows client is going to commit a crime
7. Talking about crime that has already been committed, ok but I cant help encourage or tell you how to commit a crime.
   ii. Or cause great bodily injury or death
   iii. Or client consents to waiving confidentiality
8. Duty of loyalty to the client.
9. Competency
   a. Lawyer has to maintain basic skills, knowledge, and ability to prepare.