Professional Responsibility Flashcards
Attorney Fees must be
Reasonable
Attorney fee factors
time and experience required
Contingency fees must be (5 things)
in writing, signed by the attorney and the client, stating the percentage for the attorney, how that percentage is determined and whether the expenses will be paid before or after the percentage is calculated
What is a reasonable percentage for contingency fees?
15-40%
Special contingency fee requirement for Florida
The client must be given the Florida Bar’s statement of client rights before signing
A lawyer may not represent a client if doing so will
Materially limit their independent professional judgment
A lawyer may not represent a client … UNLESS (2)
the lawyer reasonably believes the representation will not be affected and the client gives informed written consent
A lawyer cannot represent someone whose interests are (2!!)
Directly adverse to another client, or if there is a substantial risk that representation would be materially limited
No representation of directly adverse interests…UNLESS (1 long, 2 simple)
The lawyer reasonably beleives that they can provide competent and diligent representation, representation is not prohibited by law, and each client gives informed written consent
For informed written consent in conflicts (common representation), lawyer must explain
implications, advantages and risks of common representation
A lawyer must not represent another client in the same or substantially related matter if
that client’s interests are materially adverse to the former client
No representation of adverse to former clients UNLESS (1)
the former client gives his informed written consent.
If former client consent is acquired, lawyer still cannot
use information from previous representation
A lawyer cannot acquire an interest
that is adverse to a client
no adverse interest UNLESS
it is a lien to secure attorney’s fees or expenses
An attorney cannot acquire an interest in the ______ of litigation
subject matter
Attorneys owe clients a duty of ____/diligence
competence
attorneys owe clients the duty of __________ (think shhhhh)
confidentiality
An attorney cannot disclose
information relating to the representation
exceptions to financial assistance
Attorney’s can pay for an indigent clients’ court costs and expenses, or pursuant to a contingency fee
Can attorney’s provide non-legal advice
Attorney’s can provide personal, moral and economic advice
Can an attorney enter into business transactions with clients? If so, what are the requirements (2 short, 1 long)
An attorney may not enter business transactions with clients unless it is fair, reasonable, and the client gives informed consent after opportunity to seek independent counsel
Obligations to unrepresented parties
An attorney cannot let someone think they are a disinterested party and must correct the understanding if there is one
Can attorney’s give advice to unrepresented parties
The only proper advice that an attorney can give to an unrepresented party is to get a lawyer
Solicitation main rule
An attorney cannot solicit a client for pecuniary gain
What about if not for pecuniary gain?
An attorney may solicit pro bono
Solicitation communications
An attorney may send a mass-mailing
Can an attorney reach out after an accident?
An attorney can solicit IN WRITING only after 30 days have passed since the accident
Do PR rules apply to non-legal services (if clearly separate)
Where the legal and non-legal services are separate, PR rules do not apply to non-legal
Do PR rules apply to non-legal services (if not clearly separate)
PR rules do apply to non-legal services where not clearly separate from legal services
Third-Party involvement: Payment
A 3rd party can pay attorney’s fees if there is not interference with the attorney’s independent professional judgment
3rd party payment requirements (2)
Attorney must get informed written consent from client, and the attorney may not break confidentiality
Duty of candor toward tribunal
An attorney cannot knowingly lie, or allow a witness to lie to the court.
If the lawyer learns of the lie later
they must break confidentiality
An attorney can _____ a client in ______ about criminal liability
advice; good faith
A lawyer cannot _____ or _____ a client to use the lawyer in a crime
assist; allow
Prevention of future crime (confidentiality)
A lawyer must break confidentiality to prevent a future crime
An attorney holding client funds must hold client money (also give example of title)
in a trust account in the attorney’s name (Law firm, PA. Trust Account)
Comingling funds
An attorney can never co-mingle his funds with client money
When can attorneys transfer funds to themselves?
An attorney can transfer from the trust account to the operating account when the money is earned.
Safeguard rule
An attorney must safeguard the client’s property
Can attorney pay another attorney a referral fee?
An attorney cannot pay an attorney or receive a portion of the fee from an attorney who suggested them
Exceptions to attorney referral fee (2)
An attorney can pay or receive a portion of the fee if the services are performed by both attorneys, or if the client gives written informed consent
If joint representation (attorneys)
then attorney’s assume joint liability for the representation
Duty of professionalism
An attorney must act professionally
