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27 Cards in this Set
- Front
- Back
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When can a lawyer represent a client despite a conflict of interest?
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1. The lawyer reasonably believes the representation won't be adversely affected.
2. The client consents after consultation. |
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When may a lawyer enter into a business transaction or take pecuniary interest adverse to a client?
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1. The transaction is fair and reasonable
2. There is full disclosure in writing to the client or the adversary 3. The client consents in writing after a reasonable opportunity to seek independent counsel. |
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A lawyer who has represented a client in a matter must not thereafter:
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1. Represent another client in the same or substantially related matter in which the client's interests are materially adverse to the interests of the former client unless the former client consents after consultation
2. Use information relating to the representation to the disadvantage of the former client, except when permitted by rules relating to confidentiality or when the information has become generally known |
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Does one lawyer's conflict of interest affect the rest of his current firm?
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Yes.
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Does one lawyer's conflict of interest affect the rest of his former firm?
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Yes, unless:
1. It is the same or a substantially related matter, and 2. A remaining lawyer has the former client's confidential information |
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A lawyer must not represent/must withdraw if:
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1. The representation will result in a violation of the rules/law
2. The lawyer's physical/mental condition materially impairs ability to represent client 3. Lawyer is discharged |
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What are the factors in determining reasonableness of a fee?
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1. Time/labor required
2. Whether the particular employment will preclude other employment 3. Fee customarily charged 4. Amount involved/results obtained 5. Time limitations 6. Nature/length of professional relationship 7. Experience/reputation/ability 8. Whether fee is fixed or contingent |
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A lawyer may not accept compensation for representing a client from someone other than the client unless:
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1. Client consents after consultation
2. No interference with lawyer's independent professional judgment or with the attorney-client relationship 3. Information relating to representation of the client is protected |
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When can trial courts award attorney's fees?
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1. Statute/contract says so
2. Rule 3. Sanction for frivolous/delaying claim/defense |
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Factors in determining award of attorney's fees:
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1. Scope/history of litigation
2. Duration of litigation 3. Merits of respective positions 4. Whether litigation is brought primarily to harass 5. Existence/course of prior/pending litigation |
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When are contingent fees prohibited?
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Domestic relations and criminal cases
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What is the range of contingent fees in the Florida Bar Rules?
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15%-40%
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Requirements for contingent fee arrangements:
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1. In writing
2. State method of determination 3. State expenses to deduct 4. State if expenses are deducted before or after fee calculated |
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Before signing a contingent fee agreement, what must a client receive?
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Statement of client's rights
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Are referral fees okay?
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No.
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Is fee division okay?
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Yes, if:
1. Division in proportion to services performed by each lawyer 2. Each lawyer assumes by written agreement with the client joint responsibility for the representation and the agreement fully discloses the division and its basis |
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Types of false and misleading communications about services:
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1. Omission of necessary fact
2. Statements creating unjustified expectation 3. Implications that lawyer can achieve results by unlawful means 4. Comparisons with other lawyers that aren't factually substantiated |
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When can't a lawyer solicit?
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1. Not family and no prior relationship
2. Motive is pecuniary gain 3. Any means of contact |
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When can a lawyer solicit?
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A lawyer may solicit an accident victim in writing if at least 30 days have passed since the accident.
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Can a lawyer talk to a represented person?
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Yes, unless they're talking about the subject of representation.
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Can a lawyer pretend disinterest?
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No
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When can a lawyer reveal information related to representation?
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1. Client consents after full disclosure
2. Disclosure impliedly authorized to carry out the representation 3. Prevent client from committing future criminal act 4. Prevent a death or substantial bodily harm |
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What can a lawyer do in regards to a client whose intended conduct is criminal or fraudulent?
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Discuss the legal consequences and counsel/assist in a good-faith effort to determine validity/scope/meaning/application of the law.
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What can't a lawyer do in regards to a client whose intended conduct is criminal or fraudulent?
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Counsel or assist the conduct
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When can a lawyer provide financial assistance?
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1. Advance court costs/expenses of litigation
2. Pay court costs/expenses if client is indigent |
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When can a lawyer acquire a proprietary interest in the cause of action or subject matter of litigation?
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1. Can acquire a lien granted by law to secure lawyer's fee
2. Can contract with a client for a reasonable contingent fee |
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Do nonlegal services fall under the rules?
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Yes, if not distinct from legal services.
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