Professional Conduct Flashcards
When does a lawyer have a duty to report anothe lawyers misconduct
When it raises a substantial question as to the lawyers honesty, trustworthiness, or fitness to practice UNLESS…
The information was learned in confidence
A lawyer may not share fees with non-lawyers except for which exceptions?
- Estates of deceased lawyers for work done before death
- Sale of law practice of dead, disabled, or disappeared lawyer
- Pensions paid to retired firm lawyers
- Non-profit organizations sharing court awarded fees
- Bonuses paid to firm staff
In FLORIDA do you need to have your rate in writing for the client
Not required, but preferred. But you must communicate the basis or rate of the fee unless the client is an old client and a basic understanding already exists
Factors to consider in determining whether a fee is reasonable
ERRANTS PLANS E-xperience R-eputation R-esults in matter A-bility N-ovelty and difficulty T-ime and labor
P-recludes from other work
L-imits imposed on representation by client
A-mounts involved
N-ormal fees w/i community
S-kills required for lawyers to be competent
What’s the difference between “advance”and an “availability retainer”
<> Advance: prepayment for the performance of specific services to be rendered (trust acc)
<> Availability Retainer: payment to reserve he lawyers availability for whenever the client needs it
*earned instantly- personal acc OK
Requirement for a valid contingency fee
- Writing
- Signed by BOTH client and all participating lawyers.
- States % paid for settlement,trial, appeal
- States if expense come out of recovery
- Whether recovery comes b4 or after calculation of fee
What are the requirement in FLORIDA medical Liability cases to take on the case on contingency fee basis
- Give client oral and written notice of Fl. Const. fee limit provision
- Inform client that, unless waived, client must receive at least 70% of the first 250k
- 90% of anything more than $250k (excl. of costs)
- Any wavier by client must be in writing and under oath (notarized)
Contingency fee caps
Before filing an answer or demand
<> 33.3% - up to $1million
<> 30% between 1-2 million, and
<> 20% over 2 million
After filing an answer or demand
<> 40% up to $1 million
Everything else the same as above
Division of fees for lawyers NOT within the same firm
Personal Injury in Tort Claim
75% to primary lawyer
25% secondary lawyer
Reasonable division for other cases as long as
- Division proportionate with work done or
- Written agreement that lawyer assumed joint responsibility
If a lawyer advertises this fee, how long must he honor the price for
90 day unless the ad states other wise
1 year if ad in a yearly publication.
A lawyer cant solicit to a specific person or specific group that is in need UNLESS
- Family member,
- Former and Current clients
- Pro bono solicitation
How does a conflict with a current client arise
- Representation of another person is directly adverse to a current client or
- The representation is materially limited by the lawyers obligation to a current client unless consentable
What does it mean when there is directly adversity between clients
Clients are on opposite sides of the v.
C1 vs C2
When it comes to conflicts of interest with current clients, what does a material limitation mean?
The representation presents a substantial risk that representation will be materially limited by the lawyers responsibility to another client, former client, a 3rd person, or the lawyers own personal interests.
What is the 4 part test to determine whether a lawyer can represent a new client that may raise a conflict of interest
- Lawyer can provide competent and diligent rep to each affected client
- Representation is not prohibited by law
- Lawyer will not assert a position that is adverse to one client when repping 2 or more clients in the same proceeding before the court (like divorce)
- In FLORIDA, each affected client gives written consent after a consultation
OR
consent is clearly stated on the record at a hearing
