Professional Responsibility

Question 1

Communications with a presiding judge

Answer 1

a lawyer must not seek to influence a judge except as permitted by law or the rules of the court. 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.

Question 2

Conflicts of Interest

Answer 2

proprietary interest in the subject matter of litigation

Lawyers owe clients a basic duty of loyalty and independent professional judgment. A conflict of interest between the lawyer and the client may constitute a breach of these duties. The Florida Rules of Professional Conduct prohibit a lawyer from obtaining a proprietary interest in the subject matter of litigation in which a client is represented. There is an exception for acquiring a lien to secure payment of a fee and for contracting for a reasonable contingent fee. However, these are the only exceptions and the protection cannot be waived by the client.

Current or Former Client

The Florida Rules of Professional Conduct prohibit attorneys from representing clients in matters that would create a conflict between that representation and the attorney’s duties to a current or former client

Under this rule, 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 4

Contingent-Fee Agreement

Answer 4

Contingent-Fee Agreement

• 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.

Medical Malpractice Actions

• 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.
• This language states that unless waived, the client is entitled to receive 70% of the first $250,000 received (exclusive of reasonable and customary costs) regardless of how the amount is attained. 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”).