Practicing Law

Question 1

Rule 5.4: Professional Independence

i. A lawyer or law firm shall not share legal fees with non-lawyers, except: (four situations)

Answer 1

1. An agreement for money, over a reasonable period of time, after the lawyer’s death, to the lawyer’s estate
2. A lawyer who purchases the practice of a deceased lawyer may make payments to his estate
3. Non-lawyer employees of a firm may receive a compensation or retirement plan even if it is based on a profit-sharing arrangement
4. Court-awarded legal fees may be shared with a non-profit organization that helped in the litigation

Question 2

Rule 5.4: Professional Independence

ii. A lawyer shall not form a partnership with a nonlawyer if:

Answer 2

Any of its activities will involve practicing law

Question 3

Rule 5.4: Professional Independence

If Person A pays a lawyer for Person B’s legal services, the lawyer cannot let the person…

and, what other rule relates to this?

Answer 3

Direct or regulate the lawyer’s professional judgment in rendering such legal services

Rule 1.8(f): lawyer may accept compensation from a thrid party as long as there is no interference witht he lawyer’s independent professional judgment and the client gives informed consent

Question 4

Rule 5.4: Professional Independence

iv. A lawyer shall not practice with a professional corporation authorized to practice law for profit if:

(three circumstances)

Answer 4

1. A nonlawyer owns any interest therein OR
2. A nonlawyer is a corporate director or officer in any form of association other than a corporation OR
3. A nonlawyer has the right to direct or control the professional judgment of a lawyer

Question 5

Rule 5.5: Unauthorized and Multijurisdictional Practice

A lawyer shall not practice law, or hold himself out as able to practice law, in a jurisdiction he has not been admitted to unless:

(Two situations)

Answer 5

1. The legal services are being offered on a temporary basis,

a. AND are undertaken in association with a lawyer who can practice in that jurisdiction
b. AND the admitted lawyer actively participates in the matter

OR….

2. The legal services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction to which he is admitted and are not services for which the forum requires pro hac vice admission

Question 6

Rule 5.5: Unauthorized and Multijurisdictional Practice

What should an attorney do if he needs to practice in another state and there are no 5.5 exceptions avaliable to him?

Answer 6

Needs to find state admitted attorney to sponsor you to get admitted pro hac vice (“for this time only”)

Question 7

Rule 5.5: Unauthorized and Multijurisdictional Practice

Can an attorney admitted only to the Colorado bar mediate a dispute between his client in Arkansas?

Answer 7

Have to see if Arkansas has a 5.5(c) Rule, probably do,

then YES, the Colorado attorney may perform non-litigation matters

IF the services areise out of, or are reasonably related to the lawyer’s practice in Colorado,

and Arkansas doesn’t require pro hac vice admittance for mediation

Question 8

Rule 5.5: Unauthorized and Multijurisdictional Practice

5.5(c) What is a non-litigation matter?

Answer 8

A non-litigation matter is one that is not performed by a government entity.

If the matter is litigational (if it is a court-annexed arbitration or mediation) and court rules or law apply, the lawyer must obtain admission pro hac vice

Question 9

Rule 5.5: Unauthorized and Multijurisdictional Practice

What type of presence is required to consider an attorney in violation of rule 5.5(b)(1)?

(lawyer cannot establish an office in a jurisdiction he is not admitted to)

Answer 9

“Systematic and Continuous” presence

Doesnt mean they have to be physically present

Question 10

Rule 5.5: Unauthorized and Multijurisdictional Practice

5. 5(c) “…may provide services on a temporary basis…”
6. What is the test for a temporary basis?
7. What if the lawyer repeatedly provides services or provides services for extended period of time, is that in violation?

Answer 10

1. There is no single test to determine whether a lawyer’s services are provided on a “temporary basis”
2. Service can still be temporary even though the lawyer provides services in the jurisdiction on a recurring basis, or for an extended period of time, like when the lawyer is representing a client in a single lengthy negotiation or litigation

Question 11

Rule 5.5: Unauthorized and Multijurisdictional Practice

5.5(c)(2):

Lawyer A is expected to be admitted to appear before or court or administrative agency outside his permitted jurisdiction

Lawyer B works as a subordinate under Lawyer A

Can Lawyer B conduct research, review documents, and attend meetings with wittnesses in support of Lawyer A in the case?

Answer 11

Yes, 5.5(c)(2) does permit lawyers who are associated with that lawyer in the matter, but who do not expect to appear before the court or agency themselves, to work on the case with the lawyer. Do not have to be subordinates

Question 12

Rule 5.7: Law Related Services

A lawyer is subject to the Rules if providing law related services: (two situations)

Answer 12

1. That are not distinct from the lawyer’s provision of legal services,

OR

2. If the lawyer fails to take resaonable measures to assure that a person obtaining the law related services knows that the services are not legal services and the protections of th client/lawyer relationship do not exist

Question 13

5.7: Law Related Services

What are law related services?

Give examples

Answer 13

Services that can be performed by non-lawyers

Comment 9 Examples: Providing title insurance, financial planning, accounting, trust serices, real estate counseling, legislative lobbying, social work, economic analysis, tax preparation

Question 14

Rule 6.1: Voluntary Pro Bono

How many pro bono hours does the ABA require of a lawyer per year?

Answer 14

The ABA reccomends that every lawyer should aspire to render an average of at least 50 hours per year, states can set bar higher or lower

Question 15

Rule 6.2 Accepting Appointments

A lawyer shall not try to avoid an appointed by a court to represent a person except for good cause.

What are the three good cause situations?

Answer 15

1. Representation is likely to result in a violation of the Rules or other law
2. Representation is likely to result in an unreasonable financial burden on the lawyer
3. The client or the cause is so repugnant to the lawyer as to be likely to impair:

a. The lawyer-client relationship
OR
b. The lawyer’s ability to represent the client

Question 16

Rule 6.2 Accepting Appointments

Is a lawyer free to accept or devline to represent any client?

Answer 16

Generally yes, but this freedom is qualified

Question 17

Rule 6.3: Membership in Legal Services Organization

A lawyer may serve as director, officer or member of a legal services organization, but shall not knowingly participate in a decision or action of the organization if:
(two situation)

Answer 17

1. If participating would be incompatible with the lawyer’s obligations to a client

OR

2. The decision/action could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the lawyer

Question 18

Rule 6.3 Membership in Legal Services Organization

Does a lawyer who is an officer or a member of such an organization have a client-lawyer relationship with the persons served by the organization?

Answer 18

No, there is not a client-lawyer relationship, but there can be a conflict between the interests of the people served by the organization and the intersts of the lawyer’s clients

Question 19

Rule 6.4: Law Reform Activities Affecting Client Interest

Can a lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration if the reform may affect the interests of a client of the lawyer?

Answer 19

Yes, but, when lawyer knows that the interests of a client may be materially benefitted by a decision in which the lawyer participates, lawyer shall disclose that fact but need not identify the client