Touting Flashcards
Discuss the following briefly: You agree to reduce bond registration fees normally charge because of the volume of work received from the client. Is this Permissable
Yes
Attorneys may legitimately negotiate fees with clients provided that these negotiations not constitute overreaching or touting. Owing to the volume of work a reduction in charges may be justified and appropriate
Discuss the following briefly: May you act pro amico for the staff of the financial institution in divorce matters
No acting pro amico for staff members in general by implication are unknown to the attorney would not be permitted this would constitute a form of indirect touting
Discuss the following briefly: May you make your holiday apartment available to the senior management free of charge
No, indirect form of touting thus would not be acceptable
Discuss the following briefly: May you pay an estate agent the commission due prior to transfer of immovable property
No as an attorney may well be regarded as touting by making such payment however if it is a genuine transaction the payment is made at the attorneys risk. it must be done with his own funds. the deposit may not be utilised for this purpose
Discuss the following briefly: A competing attorney on the panel of attorneys of the financial institution wishes to gain a larger portion of the clients total legal work and proposes reducing his charges to below what you charge. May he do this
No clearly the intention of the new attorney in reducing fees is to attract more work and is not based on the attorneys financial structure which would permit reduction in fees. this could be construed as touting and such conduct is improper
Why is touting for work unprofessional?
It detracts from the dignity of the profession and it could lead to dishonesty. it gives an unfair advantage to the unscrupulous. this also causes problems and the public expects discounts
