Professional Responsibility Flashcards
Attorneys Fees
Attorneys fees must be reasonable.
Contingency Fee
A contingency fee is one that is dependent on the outcome. A contingency fee must be
1) reasonable,
2) in writing,
3) signed by the attorney and the client,
4) state the % for the attorney,
5) how the fee is determined ,
6) whether expenses are paid before or after the fee, and
7) the client must be given the FL bar statement of client rights.
Lawyers Interests COI
A lawyer’s interests must never be adverse to a clients unless the client gives informed consent.
Other clients and COI
A lawyer cannot represent a client whose interests are directly adverse to that of another client unless the lawyer 1) reasonably believes they can provide competent and diligent representation; 2) it is not prohibited by law; and 3) each client gives informed consent.
A lawyer cannot represent a client if there is a substantial risk that representation will be limited.
Multiple clients in the same matter
A lawyer must explain the advantages, implications, and risks of common representation.
Former clients and COI
A lawyer cannot represent someone adverse to a former client in the same or substantially related matter unless the former client gives informed consent.
Lawyer acquiring an interest
A lawyer cannot acquire an interest adverse to the client except as a lien to secure attorney’s fees BUT a lawyer cannot acquire an interest in the subject matter of litigation.
Business transactions with clients
A lawyer cannot enter into a business transaction with a client unless the terms are fair and reasonable and the client gives informed consent after being given the opportunity to obtain counsel.
Competency
An attorney must be competent.
Confidentiality
An attorney must not reveal confidential information except to prevent a client from committing a crime or to prevent death and/or substantial bodily harm.
Financial Assistance
An attorney must not provide financial assistance to a client except in a contingency fee an attorney may advance court fees and costs and for indigent clients.
Obligation to Unrepresented Parties
An attorney must not act disinterested when they are representing a client. Only proper advice is allowed.
Client Solicitation
An attorney must not solicit directly for money. In Florida, an attorney may solicit in writing 30 days after an accident.
Lawyers and liabilities for non-legal services
Where legal and non-legal services are kept separate, the legal PR rules do not apply. Where the legal and non-legal services are integrated, the PR rules apply to the non-legal services as well.
Payment of Attorney’s Fees by a Third Party
Payment for fees by a 3rd party is improper unless the client gives informed consent and there is no interference with the attorney’s professional independent judgment. The attorney MUST keep client confidentiality.
Fraud on the court
An attorney must not knowingly lie to the court nor allow a witness to lie. If an attorney discovers the court was previously lied to, the attorney has a duty to correct it and must break confidentiality, to the extent reasonably necessary, to do so.
Assist in crime
An attorney must not assist in crime nor allow their services to be used in furtherance of a crime.
An attorney must break confidentiality if they know their client is going to commit a crime.
An attorney can, in good faith, counsel their client on the legal implications of their actions.
Trust Account
An attorney must keep client funds in a separate trust account from the lawyer’s funds.
An attorney must never commingle funds.
Referral Fees
An attorney must not take or pay a referral fee to an attorney who recommended their services unless: the services are performed by both attorneys OR the client gives informed consent and both attorneys assume joint responsibility for representation.
Professionalism
A lawyer must act professional.
