Pg 9 Flashcards
What is the rule about attorneys and gifts?
– attorneys cannot solicit substantial gifts from clients
– attorneys cannot prepare an instrument that gives them or their relative a substantial gift from a client unless the attorney or relative is related to the client
Who counts as a relative of the attorney?
Spouse, child, grandkids, parent, grandparent, someone the attorney has a close familial relationship with
Can an attorney prepare a will for a client when the attorney is the beneficiary but not related to the client?
No
Is there any kind of gift that an attorney can accept from a client?
Yes, attorneys can accept gifts that meet general standards of fairness such a simple holiday gifts or tokens of appreciation
Can right of survivorship be considered a gift that attorney is not allowed to get from a client?
Yes, if an attorney and client go into business together with a property, attorney pays a small amount and does the legal work, and defendant pays a large amount and attorney puts property as joint tenancy, so if D dies, attorney gets a property. Attorney has bestowed a substantial gift on himself in drafting the document - not allowed
What is the rule about literary or media rights?
Attorneys cannot acquire literary or media rights to a story about the attorney’s representation of a client until after the legal matter is entirely concluded
What is the reason for the ban on literary and media rights for attorneys?
Don’t want attorneys to have an interest in exploiting the representation for a good story that has drama and conflict
What is the rule for representing multiple parties regarding settlement?
An attorney cannot participate in an aggregate settlement or guilty plea unless each client gives informed consent in writing
What is the reason for the rule about representing multiple parties in aggregate settlements?
Each client has the right to a final say in deciding whether to accept or reject a settlement or plea
Are attorneys allowed to make limiting liability agreements that limit their liability to the client for malpractice?
No unless the client was independently represented for the agreement/advised in writing to get independent counsel. It’s also OK to agree with client to arbitrate legal malpractice claims
Is it OK for attorneys to take a proprietary interest in the cause of action or subject matter of a client?
No, but he can get a lien to secure his fees or expenses, and can contract with the client for a reasonable contingent fee in a civil case
What is the rule about imputation disqualification because of a conflict of interest?
Attorneys associated in a firm cannot knowingly represent a client if any attorney in the firm is stopped from doing so. Anything that disqualifies one attorney in a firm applies to all attorneys in the firm with some exceptions
What is the exception to the imputation disqualification for attorneys because of a conflict of interest?
It doesn’t apply if the reason is a personal interest of the disqualified attorney that presents no significant risk of materially limiting the representation of the client by other attorneys in the firm, or if the conflict comes from the attorneys prior association with another firm
If there’s a conflict of interest between an attorney and a client because of his prior association with another firm, what can be done?
Timely screening of the attorney from any participation in the matter, the attorney will take no part of the fee from it, and written notice must be promptly given to any affected former client that describes the screening process and certifies compliance with the rules
Once an attorney terminates association with a firm, can the firm represent a person with interests materially adverse to clients represented by the former associate?
Yes, unless the matter is the same or substantially related to the matter that the Ex-associate represented the client about, or any attorney still in the firm has information that is material to the matter
