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12 Cards in this Set
- Front
- Back
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Conflicts of Interest
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MATTER - person, business or prior or current client
Rule: a lawyer may not represent the client for the matter UNLESS: explains conflict, material facts, and consequences AND client agrees in writing to continue + Reasonably prudent lawyer would accept the case despite the conflict NEVER: Two clients against each other in the same litigation in the same tribunal |
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Compensation for Legal Services - Contingency Fees
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MUST BE IN WRITING - signed by client and w/ basis of the fee calculation
Prohibited in Criminal and Domestic Relations cases |
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Compensation for Legal Services - Non-Refundable Retainers
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Availability retainer acceptable - hired on a retainer basis to beready to represent and assist their client at all time son instant notice
OTHERWISE - attorney may not keep fees for which not performed. Retainers must be kept in separate account, and withdrawals only upon completion of work. NOTE: must provide engagement letter with representation terms AND method of disbursement |
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Compensation for Legal Services - Attorney Taking a Mortgage on Marital Home to Secure Legal Fees
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A security interest/lien in domestic relations matter needs notice provided to the client AND and signed AND approved by a court
CANNOT foreclose on marital residence while spouse who consented to mortgage is titleholder and primary residency. |
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Compensation for Legal Services - Retainer Agreements: Special Rules for Domestic Relations Cases
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Domestic relations attorney must:
1) provide a s'ment of client's rights and responsibilities 2) signed written engagement letter (relationship/fees) 3) Itemized closing statement NO non-refundable retainer agreements |
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Compensation for Legal Services - Letter of Engagement
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If expected fee >$3000. INCLUDED: basis of fee calculation, expenses client is responsible for, scope of representation, and right of client to settle through arbitration.
UNLESS (i.e. no writing neede), its a current client and similar services provided in past |
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Compensation for Legal Services - Excessive Fees
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A lawyer shall not charge an excessive fee - when a reasonable lawyer would definitely determine that the fee is excessive.
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Compensation for Legal Services - Payment of a Referral Fee
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Referral Fees are prohbited. HOWEVER, may share legal fees if 1) division of the fees is proportionate to the services performed 2) client agrees in writing after showing fee division
Reciprocal referral agreement - but not exclusive and no fees are shared |
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Duty to Inform Client of Plea Deal or Settlement Offers
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Attorneys are obligated to inform clients of EVERY plea or settlement offer. Exclusively the client's decision.
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Communication with a Represented Person
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If an attorney knows that a person is represented by counsel in a matter, CANNOT speak to that person unless has permission of other attorney.
EVEN if other person agrees |
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Lawyers Repesents the Corporation
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professional duties and obligations to the corporation, NOT the directors, officers, or s/h'ers. Best Interest of the corporation as a whole.
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Gifts from Client
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A lawyer shall not solicit any gift from a client or prepare a will on behalf of a client giving the lawyer any gift
UNLESS 1) a relative and 2) rsnb lawyer would conclude its fair and reasonable |
