PR Rules

Question 1

Ex Parte

What are the rules regarding communication with a presiding judge?

Answer 1

1. a lawyer must not seek to influence a judge except as permitted by law or the rules of the court
2. In an adversarial proceeding, a lawyer must not communicate the merits of a case with the presiding judge except
   (i) in the course of the official proceeding;
   (ii) in writing, if a copy is promptly delivered to the opposing party;
   (iii) orally upon notice to the opposing party; or
   (iv) as otherwise authorized by law

A violation is violative of PR rules and is an ex parte communication

Question 2

What is the rule regarding frivolous claims?

Answer 2

Under the Florida RPC, a lawyer must not bring or defend a proceeding, or assert or controvert an issue, unless there is a basis for doing so that is not frivolous, which includes a good-faith argument for an extension, modification, or reversal of existing law.

Question 3

What is the rule for duty of confidentiality?

Answer 3

Under a lawyer’s duty of confidentiality, a lawyer may not reveal any information relating to the representation of a client, absent client consent, unless an exception applies.

Question 4

What is the duty of fairness?

Answer 4

A lawyer owes a duty of fairness to the ** opposing party.**
A lawyer must not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if he knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

Question 5

What does it mean for Florida to be a “no fault” state?

Answer 5

Florida is a “no-fault” divorce state. The no-fault grounds for divorce eliminate fault and wrong as a ground for dissolution. A marriage may be dissolved when the court finds that the marriage is irretrievably broken. For the court to grant a divorce, there must be testimony of at least one spouse with regard to the status of the marriage. The testimony of either spouse is sufficient proof to establish the requisite grounds.

Question 6

May a lawyer accept payment of representation for a client from soemone other than the client?

Answer 6

A lawyer may not accept payment for representation of a client from someone other than the client, unless
(i) the client gives informed consent,
(ii) there is no interference with the lawyer’s independent professional judgment or the client-lawyer relationship, and
(iii) information relating to representation of a client is protected as required by the duty of confidentiality.

Question 7

Can a lawyer charge a contingency fee in a criminal case?

Answer 7

NO. A contingent fee is dependent on the outcome of the client’s case. A lawyer is prohibited from entering into an arrangement for, charging, or collecting a contingent fee for representing a defendant in a criminal case.

Question 8

What must an attorney not do in relation to a former client and a new client?

Answer 8

an attorney may not represent a different person in the same or substantially related matter if that person has an interest that is adverse to the interest of the former client. In addition, an attorney may not use information relating to a past representation in a manner that would disadvantage a former client.

Question 9

What must be provided to an insured client when the insured is being represented by an attorney whose fees are paid by an insurance company?

Answer 9

Statement of Insured Client’s Rights

Question 10

When is a lawyer allowed to negotiate for and attain the literary or media rights relating to the representation of a client?

Answer 10

After conclusion of all aspects of the matter that gave rise to the representation

Question 11

A lawyer is not allowed to act as an advocate at a trial where the lawyer is likely to be a necessary witness, unless what?

Answer 11

(1) The testimony relates to an uncontested issue or to the nature/value of legal services rendered,
(2) The lawyer’s disqualification presents a substantial hardship to a client, or
(3) The testimony relates solely to a formality and there is no reason to believe that substantial evidence will be offered in opposition to the testimony.

Question 12

What presumption is made if a lawyer properly notifies a client that she is leaving a firm and the client fails to advise the lawyer and firm of his decision regarding who is to provide him future legal services?

Answer 12

The client is presumed to remain with the firm until he states otherwise.

Question 13

Fill in the blanks. A lawyer _____________ not solicit professional employment from a prospective client in person, by telephone, or other electronic means when a significant motive for doing so is ___________________.

Answer 13

must; pecuniary gain

Question 14

Can Lawyersprovide financial assistance to clients with respect to pending or contemplated litigation?

Answer 14

NO

Question 15

Can lawyers advance court costs and litigation expenses to clients?

Answer 15

YES

Question 16

What is considered good cause for an attorney to seek to avoid appointment of a client?

Answer 16

(1) The representation will likely result in violation of the RPC or other law,
(2) The representation will likely result in an unreasonable financial burden on the lawyer, or
(3) The client or cause is so repugnant to the lawyer that the client-lawyer relationship or lawyer’s ability to represent client is likely to be impaired.

Question 17

When representing multiple clients in a single matter, what must the consultation include?

Answer 17

1. an explanation of the implications of common representation and
2. the advantages and risks involved

Question 18

A lawyer has the authority to make most of the decisions relating to what?

Answer 18

strategy and methods for achieving client’s goal

Question 19

Are controversies regarding fee amounts are grounds for disciplinary proceedings?

Answer 19

No unless unless the amount demanded is clearly excessive, extortionate, or fraudulent

Question 20

When will a lawyer be held responsible for another lawyer’s RPC violation?

Answer 20

When the lawyer:
(1) Orders or knowingly ratifies the violative conduct, or
(2) Is a partner, has managerial or direct supervisory authority of the other, knows of the conduct when consequences can be avoided/mitigated, AND doesn’t take reasonable remedial action.

Question 21

If a lawyer knows that a client intends to testify falsely and cannot persuade the client not to, what must the lawyer do?

Answer 21

Refuse to offer the false evidence

Question 22

Can an attorney be disclipined by the Florida bar for failign to pay child support?

Answer 22

YES it is considered misconduct

Question 24

Conflict of interest by personal interest of lawyer

When can a lawyer represent a client if there is a conflict of interest created by a substantial risk that representation of a client will be materially limited by the personal interest of the lawyer?

Answer 24

if the lawyer reasonably believes that she can provide competent and diligent representation and the client gives informed consent, confirmed in writing.

Question 25

What are the rules for a business transaction with a client?

Answer 25

A lawyer is prohibited from entering into a business transaction with a client unless
* the transaction and its terms are fair and reasonable to the client and fully disclosed and transmitted in writing in a way that can be reasonably understood by the client;
* client is advised in writing of the need to seek independent counsel and given a reasonable opportunity to do so, and
* the client gives informed consent in a signed writing

Question 26

Can a lawyer form a partnership a non-lawyer?

Answer 26

NO they cannot if any of the activities of the partnership consist of the practice of law

To form a partnership, at least two persons must intend to carry on a business for profit as co-owners. The agreement need not be in writing and they persons do not need have the specific intent to form a partnership —> their subjective intent not to form a partnership does not prevent the association from being a partnership

Question 27

What general duties regarding integrity, fairness, and civility does an attorney have?

Answer 27

The Florida Bar requires lawyers, upon taking the oath of admission, to recite a passage pledging fairness, integrity, and civility to opposing parties and counsel in court, written communication, and oral communication.

Question 28

Must a lawyer use means that have no substantial purpose other than to embarrass, delay, or burden a third person?

Answer 28

NO

Question 29

State the rules for contingency fee agreemets

Answer 29

A contingent-fee agreement (“CFA”) must be in writing and signed by both the client and the attorney.

It must state the method by which the fee is to be determined, including percentages accruing in the event of settlement, trial, or appeal, litigation and other expenses to be deducted, and when the deduction will occur.

CFAs are prohibited in criminal and domestic relations cases.

Question 30

State the rules for contingency fee agreements in medical malpractice cases

Answer 30

A lawyer who enters into an arrangement for a contingent fee in a medical malpractice case must provide the client with specific language from the FLC which states that unless waived, client entitled to receive 70% of the first $250,000 received

The client is further entitled to 90% of any amount awarded above $250,000. This information must be provided both orally and in writing.

For a waiver of this right to be valid, the client must waive it in writing, under oath, in the form provided in the rules of professional conduct (“RPC”).

Question 31

When are contingency fees excessive?

Answer 31

Without prior court approval, any contingent fee that exceeds the statutory standards is presumed, unless rebutted, to be clearly excessive.

generally may range from 33 1/3% to 40% of any recovery up to $1 million
* plus 20% to 30% of any portion of the recovery between $1 million and $2 million
* plus 15% to 20% of any recovery exceeding $2 million.

a fee is clearly excessive when
(i) a lawyer of ordinary prudence would be left with a definite and firm conviction that it exceeds a reasonable fee to such a degree as to constitute clear overreaching or an unconscionable demand, or
(ii) it is sought or secured by means of intentional misrepresentation or fraud.