Pro Res Flashcards
Fees
Lawyer fees have to be reasonable, not excessive.
— customary fee for similar work
— time involved
— experience
Third party fees
Cannot receive a fee from a thirds party unless
—the client gives consent
— no interference with attorney client relation
— no effect on attorney client confidentiality
Attorneys fees
No court ordered attorneys fees unless it is by statute, contract or court is ordering sanctions. (Opp lawyer acting in bad faith)
Contingency fee
Not allowed in Family law or criminal law
Agreement must be in writing
— fee calculation
— percentage (generally 15-40%)
— when which expenses are deducted
Before agreement is signed, client is given a statement of rights and has 3 days to retract agreement
Referral fees
Amount divided is proportional for work done. OR
written agreement with client that states shared responsibility over the case and states the division of the fee.
CANNOT SHARE FEES W NON LAWYERS
Trust accounts
Any client funds have to be kept separate in trust account, no commingling with lawyer funds.
Lawyer may not give financial help except for advancing court costs and expenses
Conflict of interest
Lawyer may not represent a client if doing so would be directly adverse to another client OR
If lawyers independent judgment would be materially limited by his responsibility to another client
UNLESS
the lawyer reasonably believes that the representation won’t be adversely affected AND client gives informed consent in writing.
Conflicts of interest OK
If the lawyer reasonably believes that the representation won’t be adversely affected AND client gives informed consent in writing.
Conflict of interest 2
Lawyer may not enter a business transaction OR take a financial interest adverse to a client UNLESS the transaction is
— fair reasonable
— full disclosure in writing
— client consents in writing w opportunity to have independent counsel
Proprietary interest (conflict)
Lawyer may not take a proprietary interest in case but may secure a lien in cause of action to secure fees
Former client (conflict)
Lawyer who represented a client must not thereafter represent another client in the same or substantially related matter in which that clients interests are materially adverse to the former client. UNLESS
former client gives informed consent.
Imputed disqualification
If lawyer has conflict w present or former client then conflict is imputed to rest of the lawyers in the firm. EXCEPT
IF lawyer leaves the firm, the firm can represent the client whose interest are adverse to the former client who left with the attorney UNLESS its same or substantially related matter and remaining lawyers in the firm have confidential info
Multiple clients
If multiple clients want to be represented by same lawyer, they must be made aware of potential conflicts.
Solicitation
Lawyer cannot solicit business from a prospective client with whom they have no family or prior professional relationship with when lawyers motive is pecuniary gain.
Advertising
May have written mailing w “advertisement” on letter with red ink. — Name of lawyer and location of practice is given,
—no false /misleading information
— can’t guarantees on outcome
— cannot reference areas of law you don’t practice.
— if board certified then can say board certified
— don’t talk about other lawyers or unverifiable past results
— results vary disclaimer
May contact accident victim less than 30 days after the accident
