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19 Cards in this Set
- Front
- Back
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Sale of Law Practice
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Must be sold in its entirety to a single purchaser
Purchaser must be authorized to practice law in FL Written notice must be sent to the firm’s clients informing them of the sale and their right to retain other counsel. Client consent is presumed if the client des not object within 30 days of notice. Purchase cannot increase the fee. |
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Unauthorized practice of law
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L can only practice in the state where admitted. L not licensed in FL cannot advertise to provide legal services in FL.
Pro hoc vice – non-Florida L can appear in court: 1. File a motion with court for court approval. 2. More than 3 appearances within 365 day period is presumed to be general practice of law and thus ineligible for admission pro hac vice 3. Inactive, suspended and former members of FL Bar not eligible for admission pro hac vice Corporate house counsel exception – need not be member of FL bar |
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Use of non-lawyers
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L cannot assist another to engage in UPL
L must supervise non-L staff L cannot accept employment by non-L group the purpose of which is to supervise non-Ls A suspended or disbarred L cannot be employed under the supervision of another L who was supervised by the individual at the time of the acts that caused the suspension or disbarment. |
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Employment
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Restrictive covenants not permitted for Ls
Pro Bono – not required; reporting required. |
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Law Firm Name
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No false, deceptive or misleading firm names
Trade names generally permitted. • Some are not = “Academy”, “Institute” • Cannot imply connection with government agency or charitable legal services • “Nonsense” name allowed for advantageous position in alphabetical directory if L actually practices under that name |
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Fees & Rates
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Fee cannot be clearly excessive. Fee cannot be secured by misrepresentation or fraud
Fee must be reasonable for task(s) performed. Consider: 1) time • amount of time spent on matter • time constraints placed on L by client or circumstance 2) nature of issue • complexity and novelty • amount involved 3) lawyer’s skill • experience and reputation 4) what is customarily charged in the area |
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Contingency Fees
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L paid a percentage if client is successful. Must be in writing and signed by client and every L. Must state the method of calculation:
1. percentage in event of settlement 2. if expenses will be deducted before or after percentage taken Domestic relations case: 1. no contingency fee in divorce, alimony, custody, and support cases 2. contingency fee allowed in case to collect past arrearages No contingency fee in criminal case. Personal injury case or property damage case = Statement of Client Rights (see card) At conclusion of case, closing statement with calculations and final fee must be provided. Limits on percentage of recovery (see card) |
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Statement of Client Rights
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1. Client has the right to cancel within 3 days, and owe no fees. Client is obligated to pay for expenses reasonably advanced by lawyer
2. Must disclose L’s experience an education 3. Must disclose whether L will handle the case alone 4. Must disclose the right to a closing statement 5. Must disclose the right to be kept fully informed 6. Must disclose client’s right to make settlement decision. |
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Limits on percentage of recovery in a contingency case
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Before answer:
• Up to $1 million – 33 1/3% • Between $1 – 2 million – 30% • Over $2 million – 20% After answer: • Up to $1 million – 40% • Between $1 – 2 million – 30% • Over $2 million – 20% If D admits liability: • Up to $1 million – 33 1/3% • Between $1 – 2 million – 20% • Over $2 million – 15% Also: + 5% added for appeal. Client can petition court for higher percentages |
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Sharing Fees
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Sharing a fee with Ls in the same firm is allowed, even if L did no work on case.
Sharing a fee with a L in a different firm is allowed if: 1. The total fee is reasonable, and 2. The fee is split based on the amount of work, or 3. There is a written agreement with client and a. Each L assumes joint responsibility, and b. Each L is available for consultation c. The basis of the fee split must be disclosed d. Lawyer need not actually do any work to share in fee 4. Advertisements must state any intention of L to refer case to another L. Personal injury or property damage cases: 1. 75% minimum for L with primary responsibility 2. Waiver with court permission if equal participation |
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Sharing of legal fee with non-lawyer prohibited
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Business that provides both legal and non legal products is not permitted
Non-L cannot invest in legal services business Non-L cannot control professional judgment of L Kickbacks for referrals not permitted Bonus can be paid to non-L employee for extraordinary effort if not based on generation of business |
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Payment: Non-client fee
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Non-client fee (EX: parent/child, C/director):
1. Permitted if: a. Client consents b. There is not interference with the attorney-client relationship c. Confidentiality protected |
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Payment: Hired by Insurance Company
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Hired by insurance company:
1. If L is paid by insurance company to represent the insured, insured must receive Statement of Client Rights informing insured that: a. L will follow instructions from insurance company if insurance policy so provides b. L may share confidential information from insured with insurance company c. Insurance policy may give insurance company right to decide whether to settle case |
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Payment: Permissible forms of payment
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Forms of payment:
1. Cash, stock, promissory note 2. Credit cards 3. Property 4. Possible problem with property payment if L has greater knowledge of value of property 5. Transfer of media rights prior to conclusion of case is not permitted |
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Gifts / Business Deals with Clients
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Permitted if:
1. Deal is fair and reasonable to client 2. Deal is in writing 3. Client given opportunity to get independent counsel, and 4. Client consents in writing A substantial gift involving a legal instrument to L or L’s family member is not permitted. **Exception: If the client is related to the L |
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Conflicts of Interest
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Financial help to client generally not allowed – L cannot pay client’s bills and cannot lend money to client. Exceptions:
(1) L can pay court costs and litigation expenses in contingency case; (2) L can pay court costs and litigation expenses if client is indigent. L cannot limit liability for malpractice. L cannot settle malpractice case with client without telling client in writing to get independent counsel. Family members cannot act as opposing counsel. • Family members include parents, siblings, spouse, and children • Client waiver permitted • Law firm not disqualified |
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Representing Multiple Clients
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L cannot represent 2 clients if:
• Clients’ interests are directly adverse, or • L’s representation of one will materially limit responsibility to the other • Clients can waive conflict by consenting, but only if attorney reasonably believes that there will be no adverse affect Representation of multiple clients on the same side in civil case is generally permitted (but watch out for possible conflict with an aggregate settlement offer.) All clients must consent after consultation and disclosure. Multiple criminal defendants in the same case: 1. If it is not ineffective assistance of counsel as a matter of law 2. Watch out for conflicts between co-defendants |
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Providing Legal AND Non-Legal services
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When a L provides non-legal services not distinct from legal services, ethical rules apply to non-legal services as well as the legal services.
In non-legal services are distinct from legal services, ethical rules apply to non-legal services only if L knows or reasonably should know that the recipient believes that the protections of an attorney-client relationship exist. |
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Former Clients & Disqualification
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General Rules:
1. Cannot represent client who is suing a former client in the same or substantially related matter 2. Cannot use confidential information against former client on behalf of new client 3. Former client can consent and waive conflict. 4. Former government L cannot enter private practice and represent a client in a case that the government L was personally an substantially involved. 5. Former government L cannot use confidential government information 6. Corporate L’s client is the C, not directors, officers, or SHs. Consider conflict between corporate entity and individuals. If no conflict, L can represent both. General rule – if one L is disqualified, the entire firm is disqualified • Exceptions: family member as opposing counsel created the conflict • If ex-government L or ex-judge is screened and does not share fee |
