Retainers/trusts

Question 1

Types of retainers

Answer 1

availability, refundable, nonrefudnable

Question 2

availability retainer

Answer 2

fee in advance to hold you- conflicts you out to opposing parties

Question 3

refundable retainer

Answer 3

advance certain amount to charge against, evergreen keeps getting replenished

Question 4

nonrefundable

Answer 4

prob outlawyed, its attorneys cash once paid.

Question 5

trusts accts are

Answer 5

way to keep client/3rd party monies separate from attorneys personal and operating.

Question 6

retainers/trust accts

Answer 6

leave retainer in trust account until you earn the money

Question 7

big money clients get

Answer 7

their own account

Question 8

small clients

Answer 8

merged into 1- iola, iolta

Question 9

business transactions with clients

Answer 9

risky- gen alaysis 1.7 specific 1.8a

Question 10

risk associated with business trsnactions with clients

Answer 10

lawyers actions will be scrutinized, transaciton may be rescinded, no coverage under legal malpractice insurance

Question 11

requirements for bus trans with clients

Answer 11

1. fair and reasonable to client
2. fully diclsoed in writing
3. client advised in writing to seek counsel
4. client gives inforemd consent in writing.

Question 12

lawyers client gifts

Answer 12

cant solicit substantial gifts from clients unless giver is relative

Question 13

agg settlements

Answer 13

no settlement unless 1. informed consent 2. writing by a client.

Question 14

no sex with clients

Answer 14

unless sex was before attorney client relationship commences

Question 15

big form sex

Answer 15

ok unless employee has hiting firing pwoer-

Question 16

imputatuon for sex

Answer 16

none- its personal

Question 17

cant rrep agaisnt rleative

Answer 17

not imputed