Professional Responsibility Flashcards
PR:
Requirements of selling a law practice?
- Practice must be sold in its entirety
- Practice must be in existence for at least 5 years, except in the case of the death of selling attorney
- Purchaser must send written notice to clients of right to retain other counsel
- Client consent is presumed if no objection is received within 60 days
PR:
When may an out-of-state attorney practice in MD?
- File a motion with that judge to handle a specific case in that court
- On a temporary basis in association with MD lawyer who activily participates in the matter
- On a temporary basis if matter is reasonably related to or arises out of the lawyer’s practice in a jurisdiction where the lawyer is admitted
Out of state lawyer is NOT allowed to establish AN OFFICE in MD or in any way hold out to the public that she is admitted in MD
PR:
What can a disbarred or suspended lawyer do or not do?
- Must perform all work from an office staffed full-time by a supervising lawyer under direct supervision of a supervising lawyer
- They may not:
i) represent herself as a lawyer;
ii) give legal advice
iii) appear on behalf of a client in a court, an agency, legislature or ADR proceeding;
iv) Appear on behalf of a client at a deposition or other discovery proceedings - IMPORTANT
v) Negotiate on behalf of a client - IMPORTANT
vi) receive or disburse funds on behalf of a client
vii) Perform any law-related activity for a law firm with whom the disbarred or suspended lawyer previously associated when the misconduct occurred, or for any former client of the disbarred or suspended lawyer
PR:
Duties towards Paralegals?
Lawyer must adequately supervise paralegals and be aware of what paralegal is doing
PR:
Rules regarding law firm names
- No false or misleading firm names
- Trade names are generally permitted but cannot imply connection with a government agency or charitable legal services organization
PR: Fees
Fees in general
- Fee must be reasonable and may take into account
i) Time spent on the case
ii) Skill of the lawyer and complexity of the matter
iii) Might create a conflict with other clients
iv) Geographic area - Expenses charged to a client must be reasonable
PR: Fees
Contingency fee requirements
- Not allowed in divorce or child custody cases, but allowed in case to collect past due support
- Not allowed in criminal or PIP cases
- Must be in writing signed by the client, stating the percentage, whether percentage is before or after expenses are deducted, who is liable for expenses if no recovery, and accounting at conclusion of case is required
PR: Fees
Compensation if fired before case is over
- If fired without any cause - lawyer entitled to immediate quantum meruit recovery
- If fired for some cause (good faith basis to fire)
- –Attorney entitled to reasonable value of services rendered
- –If contingency case, contingency must be fulfilled for lawyer to collect - If fired for serious misconduct, no fee owed
- If attorney quits because of clients serious misconduct, lawyer entitled to immediate quantum meruit recovery
PR: Fees
Sharing of legal fees
- No problem if among lawyers in same firm and fees are divided based upon any agreement
- Factors to consider if ok among laywers in different firms
i) Total fee must be reasonable
ii) Client must agree to joint representation in writing and either a) fee split is based on amount of work performed or b) each lawyer assumes joint responsibility - Fee sharing agreement in violation of the Rule may be unenforceable, but is not void per se
- No sharing of fees with nonlawyers
- Lawyer may share court-awarded legal fees with a non-profit organization that hired lawyer for the case
PR: Fees
What happens if paid by someone other than the client?
- Client must give informed consent
- Confidentiality of client must be protected
- No interference with attorney-client relationship
- Transfer of client’s media rights to lawyer prior to conclusion of representation is prohibited
PR: Business Transactions between lawyer and client
Requirements:
- Terms must be fair and reasonable to client
- Terms must be fully disclosed in writing to client and client must give informed consent in writing
- Client must be advised in writing of desirability of seeking independent legal counsel, and given reasonable opportunity to seek such counsel
- Lawyer shall not solicit any substantial gift from client
- Lawyer shall not prepare an instrument giving lawyer or person related to lawyer any substantial gift unless lawyer or recipient of gift is related to the client or unless client is represented by independent counsel
PR:
Financial help to client?
Prohibited except a lawyer can pay court costs and litigation expenses in contingency cases or if client is indigent
PR: Conflict of Interest
When does a conflict exist?
- Representation of one client will be DIRECTLY ADVERSE to another client, or
- Representation of one client will be MATERIALLY LIMITED by responsibility to another client, a third person or the personal interest of lawyer
PR: Conflict of Interest
Multiple clients at the same time
- Probably ok if on same side of a civil case, except if an aggregate settlement unless each client gives informed consent in a writing signed by each client
- Representing two or more criminal defendants in same case - not ineffective assistance of counsel per se, but watch out for facts
- No aggregate plea bargain unless each client gives informed consent in a writing signed by each client
PR: Conflict of Interest
New client v. former client
- Prohibited if same or substantially related matter
- Prohibited if lawyer has confidential information about former client relevant to new case
- Former client can waive if informed consent and confirmed in writing
