Professional Responsibility

Front 1

Model Rules of Prof Conduct

Back 1

adopted by Ark Sup Ct 5/1-05

Front 2

Requirements to be an Ar Attorney

Back 2

Bar Exam
MPRE
ABA accredited law school
Mental/ emotional stability
good moral character
*AR used to require residency

Front 3

Diploma privilege

Back 3

Not valid b/c the bar:
1)forces you to review/ retain more information
2) assures minimum competency and keeps schools up to par
3) tested subjects are considered basic and crucial
4) law school grade inflation
5) profs passing people who shouldn't be

Front 4

Crossley (AR)

Back 4

Case involving mental/ emotional stability in which applicant denied b/c of chemical dependency; the ct. suggested reapplication after 2 years of sobriety

Front 5

Good moral character requirement

Back 5

Decisions reviewed only by ASC.

Front 6

Schware (AR)

Back 6

Good moral character case. To be excluded from admission, the immoral act or behavior in question must have a RATIONAL RELATIONSHIP to fitness to practice of law to justify exclusion from practice

Front 7

Purposes of Good Moral Character Requirement

Back 7

1) To shield clients from potential mistreatment.
2) To protect the courts and the administration of justice.
3) To protect image of profession.

Front 8

Facts that may be considered re: good moral character

Back 8

- nature of conduct
- was it intentional?
- maturity of person @ the time
- how long ago did this happen?
- showing of rehabilitation
- punished in any other way?
- did he confess or was he caught?
- likelihood of repetition
- risk of potential harm to clients, the courts, and the public

Front 9

Examples
re: good moral character

Back 9

1) Bankruptcy- some states won't allow admission when there's been a bankruptcy b/c of the type of debts wiped out.
2) Racism- A law student had a webiste advocating white supremacy; no violence. He was denied admission and appealed arguing 1st Amendment.
3) Cheating- 3L accused of cheating and falsely denies. Seeks attorney. The attorney and studnet are governed by RULE 8.1.

Front 10

Rule 8.1

Back 10

An applicant for bar admission, or a lawyer in connection with bar admission or w/ a disciplinary matter shall not:
a) knowingly make a false statement of material fact or
b) fail to disclose a fact necessary to correct misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for info from an admissions or disciplinary authority, except that this rule does not require disclosure of info protected by the A-C PRIVELEGE.

Front 11

Cheating- further complication. The dean says if students takes "F" the school won't report it to the bar.

Back 11

Brill says the dean and the prof have an obligation to report the cheating, but the atty doesn't b/c he reps the student.

Front 12

Personality
re: Converse v. NE Bar Commission

Back 12

Conduct that is arguably protected by the 1st Am can be considered by the Commission during an investigation into an applicant's moral character and fitness to practice law.

Front 13

Personality
re: In re Hale

Back 13

An outspoken white supremacist was kept out b/c the "fund truths of equality and nondiscrimination must be preferred over the values found in the 1st Am. The panel concluded that if Hale were admitted to the Bar, he would be on a "collision course with the Rules of Prof Conduct."

Front 14

Statute of Limitations

Back 14

There is no statute of limitations for information given to be admitted. If they find, 20 yrs later, that you lied, they can then revoke your license or discipline to you.

Front 15

Reciprocity, "on motion"

Back 15

This means being admitted to another state based on passage of your state's bar exam (b/c your state would do the same).

Front 16

Reciprocity
re: Arkansas

Back 16

A lawyer in practice for 5 of the last 7 years can be admitted in AR w/o taking the bar exam ($325) for the cost of $1,500.

Front 17

Reciprocity
re: Federal Courts

Back 17

It's easy to be admitted to federal courts; file one piece of paper and pay $25. It piggy-backs the state process.

Front 18

Pro hac vice
re: requirements

Back 18

1) A NY lawyer
2) In good standing in NY
3) NY accepts AR atty in the same way
4) Atty agrees to AR discipline
5) If the judge wants, the atty may need local counsel to help him.

Front 19

Pro hac vice
re: request for readmission

Back 19

Courts allow attys to do this over and over, but they have to obtain the permission from the court each time.

Front 20

Pro hac vice
re: limitation

Back 20

The only limitation is that it only works for NON-RESIDENTS of Arkansas. Once the atty moves here, he'll have to take the bar to practice any kind of law here. Works the same way in AR federal courts.

Front 21

Pro hac vice
re: dangers

Back 21

Pro hac vice is for the courtroom; doesn't work well for non-litigation work. Otherwise, the atty would just be practicing law here w/o a license. But it is overlooked most of the time.

Front 22

Continuing Legal Education
re: Arkansas

Back 22

In Arkansas, you need 12 CLE hours per year, one in ethics.

Front 23

Advertising/ Soliciting Clients pre-1977

Back 23

1) phone book (no add)
2) business card and sign at your office (strict limits)
3) only proclaim to be an atty when running for office if it was relevang, i.e., district atty
4) announcement cards when you open your office (name, occupation, address, phone #)
5) put information in services like Martindale-Hubbell

Front 24

Bates v. State Bar of Arizona

Back 24

The Ct found that the ad in question was Constitutionally protected; the public needs to have info about lawyers. The atty's ad was for their legal clinic, offering low-cost fees for routing services and listing those fees.

Front 25

The court in Bates rejected the standard objections to atty price advertising:

Back 25

1) adverse effect on professionalism
2) inherently misleading nature of atty advertising
3) adverse effect on the administration of justice
4) undesirable economic effects of advertising
5) adverse effect of advertising on the equality of service
6) difficulties in enforcement if any other course is taken

Front 26

The court in Bates says it's clearly permissible to restrict:

Back 26

1) False, deceptive, or misleading advertising
2) Ads claiming the quality of services
3) Time, place, & manner
4) Illegal conduct
5) Disclaimers could be req'd in certain instances
6) In-person solicitation

Front 27

Post-Bates rule:

Back 27

List of 25 things you can say in an ad. Anything else was forbidden. No photographs, informational ads where a Q is asked and answered, etc.

Front 28

In re RMJ
re: Post-Bates

Back 28

Atty uses words "personal injury law" instead of "tort law" as req'd by the new rules. The Ct said true advertising is protected by the 1st Amendment.

Front 29

Zauderer v. office of Disciplinary Counsel
re: Post-Bates

Back 29

Atty was seeking class action P's in the IUD case. Newspaper ad had drawing of IUD and read, "Did you use this IUD?" The state bar went nuts, but the Ct said it was Const protected.
- Though in poor taste, Ct said it didn't involve anyone's privacy + allowed more reflection and exercise of choice than personal solicitation. The state argued that it stirred up litigation, but Ct said that access to civil court system is something to exalt, not regret.

Front 30

Rule 7.1- Information about Legal Services

Back 30

A lawyer shall not make a false or misleading communication about the lawyer or his services.

Front 31

Rule 7.1- A communication is false or misleading if it:

Back 31

1) contains a material misrep of fact or law, or omits a fact nec to make the stmnt as a whole not materially misleading.
- Ex- "Divorce: $100"

2) is likely to create an unjustified expectation about results the lawyer can achieve, or state or implies that the lawyer can achive results by means that violate the rules of prof cond. or other law

3) compares the lawyer's services w/ other lawyers' services, unless the comparison can be factually substantiated

4) contains a testimonial or endorsement
Ex- getting someone to say you are the attorney to see

Front 32

Rule 7.2- Advertising

Back 32

1) Subject to 7.1 and and 7.3, a lawyer may advertise services through public media, including outdoor advertising (billboards) or thru written communication

2) a copy or recording of the advertising shall be kept for 5 years.

3) A lawyer may not give anything of value to a person for recommending the lawyer's services, except paying for permitted advertising and the use of legal service organizations

4) Any comm pursuant to this rule shall include the name of at least one AR atty who is resp for its content and shall disclose the location of the offices.

5) Photos, voices, or images of the attys who are members of the firm who will actually perform the services. Clients/ former clients can't be used in any manner whatsoever in advertisements.

Front 33

Ohralik v. Ohio State Bar Ass'n (1978) (9-0 decision)
re: Advertising

Back 33

The bar, acting with state authority, may constitutionally discipline a lawyer for soliciting clients in person, for pecuniary gain, under circumstances likely to impose danger the state has a right to prevent.

Front 34

In re Primus
re: Advertising

Back 34

After speaking w/ the client at the request of county authorities, the atty offered her services as a pro bono ACLU rep.

Front 35

Distinguish Ohralik & Primus

Back 35

Ohralike- Atty sought pecuniary gain, in-person solicitation at at the hospital, pressure, overreaching, conflict of interest, secretly taped the people, and clear repudiation of his services.

Primus- Advancing public interest, letter rather than in-person, invited by county, ACLU helps people look out for their own C rights.

Front 36

Advertising- in b/w Ohralik & Primus

"Victim of car wreck on Mon. discharged from hos on Wed. Fri, atty goes to her house seeking her assent to his rep.

Back 36

You CAN'T do this, for policy reasons b/c the atty is invading privacy, overwhelming the victim, applying undue influence, overreaching. Also, the victim's in no position to compare and seek the best representation. Attys are trained in persuasion.

Front 37

Instead it's a telephone call:

Back 37

This also hurts the image of the profession + has the potential for abuse. You can't do it.

Front 38

Shapero

Back 38

Held that solicitation by mail is less burdensome to potential clients and should be treated separately. Then came 7.3.

Front 39

Florida Bar v. We Went For It

Back 39

States can place some restrictions on written solicitation. First case allowing this.

Front 40

Rule 7.3(a)

Back 40

(a) No solicitation for employment by direct contact for pecuniary gain. Exceptions: family and prior professional relationships (clients)

Front 41

Rule 7.3(b) But, this rule allows solicitation of a prospective client known to be in need of legal services in a particular matter by written communication that shall:

Back 41

1) include in bottom left hand corner envelope face the word "ADVERTISEMENT" in red ink, w/ type twice as large as that used for the address.

2) only sent by regular mail (bulk mail is ok b/c it's more like advertising than soliciting.

3) no appearance of legal pleadings or official docs.

4) plainly state in caps "ADVERTISEMENT" on each page of the letter.

5) begin w/ statement "If you have already retained a lawyer, please disregard this letter."

6) include in all caps where any complaints about the letter/ lawyer may be sent (S Ct Comm on Prof Cond)

7) comply w/ all applicable rules governing lawyer advertising

Front 42

Rule 7.3(c)

Back 42

(c) In death claims, the written communication permitted can't be sent until 30 days after the accident.

Front 43

Rule 7.3 (d)

Back 43

Any written comm prompted by a specific occurrence involving or affecting the intended recipient of the communication of a fam member shall disclose how the lawyer obtained the information promting the communication.

Front 44

Rule 7.3 (e) No solicitation of any kind if:

Back 44

1) the prospective client has made known to the lawyer the desire not to be solicited.

2) the solic involves coercion, duress, harass, fraud, overrreaching, intim, or undue influence.

3) the prosp client is known to the lawyer to be represented in connection w/ the matter, except where the prospective client has initiated contact with the lawyer.

Front 45

Rule 7.3 (f)

Back 45

(f) Notwithstanding the prohibitions in (a), a lawyer can join a prepaid or group legal service plan operated by an organizaiton not owned/ directed by the lawyer which uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

Front 46

Rule 7.3- FYI

Back 46

You can send magnets, etc. w/ these mailings as gifts.

Front 47

Possible loophole in 7.3(b)- "known to be in need of legal services in a particular matter."

Back 47

If you're in financial law, you could argue that soliciting all banks is okay b/c you know they're in need of routin legal services.

Front 48

The last part of 7.3(a) adds a third exception:

Back 48

Pecuniary gain- You can solicit if you are not doing it for pecuniary gain.

Front 49

Things you can do to get clients once you've passed the bar and opened for business:

Back 49

1. send out annoucement letters
2. open house
3. seek newspaper coverage
4. sponsor weather or something on the radio
5. make up brochures
6. join civic clubs, community groups, church, local bar--be visible. Carry your business cards everywhere.
7. Remember that if you can't solicit strangers, others can't either. You can't ask a person to hand out your cards, but if they ask, it's okay.
8. You can pass out your cards to friends or family, or mail them.
9. Go see every atty in town. Tell them if they've got a conflict, too busy, etc. that you are available.
10. You can't ask for bus from non-lwyers, but get acquainted w/ other professions w/out soliciting business.
11. Go see judges and tell them you're glad to take appts.
12. Give free talks on estate planning, etc. at local groups, clubs, etc.
13. Just be careful. Don't say, "I want your business" in any way, shape, or form. You can meet people, tell them you're an atty, give free talks, just don't solicit.

Front 50

Can you give free legal advice?

Back 50

Yes, but if it's bad advice, you could still be sued for malpractice. A court can still find an A-C rel., so be careful.

Front 51

Internet
re: solicitation

Back 51

Using a website fo invite communications w the firm does not constitute an invitation to burden the firm with confidential information.

Front 52

Third parties
re: solicitation

Back 52

7.2(c) says you can't reward someone for sending you a client. This ties into 8.4(a)-if you can't do it yourself, no one else can do it for you.

Front 53

Specialization

Back 53

1. Patent Law
2. Admiralty Law
3. Tax Law

Front 54

Specialization
re: Arkansas

Back 54

Tax is the only specialty in Arkansas.

Front 55

Arkansas requirements for a specialization in tax law:

Back 55

1. 5 yrs in practice w/ at least 50% of that time in tax law.

2. Office in Arkansas.

3. At least 100 tax matters in the five years, of which 12 must be from a list of 25 categories listed in the rules.

4. 60 CLE hrs in tax in the past 3 years, then 20 hrs/year in tax to retain the specialization.

5. Peer review- letters of recommendation from 5 other lawyers familiar w/ the applicant's practice in tax law, not including current partners or associates.

6. Written examination.

Front 56

Specialization
re: malpractice standard

Back 56

There may be a higher malpractice standard for these specialists, i.e., rather than "reasonable atty" standard, reasonable tax atty standard w/ this kind of experience & specialization.

Front 57

Rule 7.4

Back 57

(a) a lwyer may communicate the fact that the lawyer does or does not practice in particular fields of law. A lawyer shall not state or imply that the lawyer is a specialist except as follows:
- "patent atty"
- "admiralty" or "proctor in admiralty" or a substantially similar designation.
- a lwyer who has been recognized as a specialist under the AR Plan of Specialization approved by the AR Sup. Ct. may communicate the fact during the period that he or she is a "Board Recognized Specialist in ____ Law" under this plan.

Front 58

Group Legal Services

Back 58

The ideal model is one atty or firm, one client, no third parties.

Front 59

Rule 5.4(a)
re: group legal services

Back 59

(a) a lawyer or law firm shall not share legal fees with a nonlawyer, except that.
1. lawyer's estate upon LAWYER'S DEATH over a reasonable period of time.
2. lawyer who completes UNFINISHED LEGAL BUSINESS of deceased lawyer may pay to the estate of the deceased lawyer that proportion of the total compensation which fairly represents the services rendered by the deceased lawyer.
3. lywer or firm who PURCHASES a law practice may, pursuant to 1.17, pay to the estate or other rep of that lwyer an agreed-upon purchase price; and
4. a lwyer or firm may include NONLAWYER EMPLOYEES in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement.

Front 60

Rule 5.4(b)

Back 60

(b) A lawyer shall not form a partnership w/ a nonlawyer if any of the activities of the partnership consist of the practice of law.

Front 61

Rule 5.4(c)

Back 61

(c) A lawyer shall not permit anyone to regulate the lawyer's professional judgment in rendering such legal services.

Front 62

Rule 5.4(d)

Back 62

(d) A lawyer shall not practice w/ or in the form of a prof corporation or association authorized to practice law if:
1. a nonlawyer owns any interest therein, except that a fiduciary rep of the estate of a lawyer may hold stock or interest of the lawyer for a reasonable time during administration;
2. a nonlawyer is a corporate director or officer thereof;
4. a nonlawyer has the right to direct or control the prof judgment of the lawyer.

Front 63

Limitations on sharing fees:

Back 63

Protecting the lawyer's professional independence of judgment.

Front 64

Brotherhood of RR Trainmen v. VA Ex Rel. VA State Bar

Back 64

Labor union provided pre-selected names of attys to rep RR workers. USSC said the C protects the associational rights of the members of the union precisely as it does those of the NAACP. The right to advise the union on member lawyers competent to handle their injury claims and the right to assist and advise each person w/in the group is protected under the first and fourteenth amendments.

Front 65

NAACP v. Button

Back 65

NAACP advertised free attys to challenge school segregation. Trial ct said it's unethical bc of 3rd party interference (the NAACP). The USSC said it was ok (1st Am issues).

Front 66

United Mine Workers v. IL State Bar Ass'n

Back 66

If injured in the mines, a salaried atty will represent you as a benefit of union membership. USSC approved the plan.

Front 67

The common threat running through the ct's decisions in NAACP, Trainment, and United Mine Workers:

Back 67

Collective activity undertaken to obtain meaningful access to the courts is a fundamental right within the protection of the 1st amendment.

Front 68

The reason the USSC approved of the group legal services in these 3 cases:

Back 68

The groups weren't formed solely to provide legal services. Plus, the legal services were offered to carry out the groups' function. These groups already existed and used legal services to further their interests; this is ok.

Front 69

Open panel v. Closed panel

Back 69

- Open panel- you can go to whatever atty you want (preferred by the bar).
- Labor unions wanted a closed panel of pre-approverd attys b/c they could control the fees, pick sympathetic attys, etc.

Front 70

Today's rule
re: open vs. closed panel

Back 70

Today's rule 5.4(c) says there can't be direction or regulation of the atty's prof judgment by the group who approves/ employs them. A group can:
1. have salaried atty who does all legal services for its members

2. allow use of an atty in town an pay some % of the bill.

3. have an approved list and offer to pay all or most of the bill

Front 71

The only ethical requirement for any group legal services plan is 5.4(c):

Back 71

the attorney has to be free to make ind prof judgments.

Front 72

Rule 5.5

Back 72

(A) A lawyer shall not practice law in a juris in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

(B) A lwyer who is not admitted to practice in this jurisdiction shall not:

(1) establish an office or other systematic and continuous presence in this jurisdiction for the practice of law

(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

(C) A lwyer admitted in another US juris, and not disbarred or suspended from practice in any juris, may provide legal services on a temporary basis in any jurisdiction that:

1- are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;

2- are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lwyer, or a person the lwyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;

3- are in or reasonably related to a pending arbitration, mediation, or other alternative dispute resuolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyers practice in a juris where the lwyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

4- arise out of or are reasonably related to the lwyer's practice in a juris in which the lawyer is admitted to practice.

(D)(1) “The Wal Mart exception”- if a lawyer comes from another state to do in-house work for any entity, they don’t have to be admitted in that state or register in that state to practice. No court, deposition, or pleadings.

(2) “The federal exception”- if a lawyer comes from another state to do only federal law in federal court, they don’t have to be admitted in that state to practice.

Front 73

Amendment 28

Back 73

Gives the Ark Sup Ct the absolute and exclusive power to control the practice of law; a legal monopoly.

Front 74

Pro se

Back 74

Anyone can represent himslf pro se. (Corporations can't go pro se, only individuals; maybe a small family corp. could). Corporations are required to have lawyers even when they file legal documents in legal proceedings.

Front 75

Lawyers with other licenses
Ex. JD with CPA

Back 75

- can practice both professions from the same office.
- can have one bus card with both licenses, two phone listings, one office sign.
- must live up to the standards of both professions.

Front 76

Possible problem with JD/ CPA

Back 76

CPA's can solicit for accounting business, JD's cannot solicit business for clients.

Front 77

JD employees

Back 77

5.5 comment authorizes CPA’s to be employed by JD’s and to be listed and held out as such.

Front 78

Big Four Accting Firm
re: lwyer working full-time in the acctng firm

Back 78

He cannot practice b/c acctng firms cannot practice law. He can repr firm in defending if it is served with a complaint, purchasing land to set up a new office, give legal advice to the CPA’s who may need it. But he cannot assist the firm in giving legal advice to accounting clients (i.e., he cannot draft accounting documents for an accounting client) b/c it would be perceived to be the practice of law.

Front 79

Non-lawyers
re: real estate brokers
* significant AR case law

Back 79

- can complete standard real estate documents for the transaction (warranty deed, trust, etc.), but cannot explain, give advice, or charge. Their documents will eventually have to be approved by a real estate lawyer.

Front 80

Non-lawyers
re: abstract companies

Back 80

- Examine title of property and existence of ownership back to statehood, but cannot charge for these services. Repeat charging for such services has been called unauthorized practice of law and could result in class action suits or consumer fraud indictments.

Front 81

Non-lawyers
re: law students

Back 81

Law clerks can write briefs, draft pleadings/ letters/ interrogatories, interview witnesses, talk to clients b/c doing so provides information to an authorized lawyer supervising him.
- Law clerks cannot give legal advice.

Front 82

Rule 15

Back 82

- Created for law school clinics.
- Students who complete 48 hours of Crim Pro and PR can work in a law school clinic as long as there is a supervising attorney.
- (P. 386) The purpose of this rule is to help and provide legal services for all persons. An eligible student may appear in any court or before any adm. tribunal if the person he represents indicates in writing consent to that appearance and the supervising lawyer has also indicated in writing approval of that appearance.

Front 83

Non-lawyers
re: independent persons

Back 83

- AKA technicians or para-legals.
- A few states have thought about licensing these people, requiring 1 year of paralegal experience. Other states have tried to shut them down.

Front 84

HALT (Help Abolish Legal Attorney)

Back 84

Lots of people with common sense and experience "help" people. you could say they're helping people go pro se. The group is pressing legislation to allow for Cert Legal Assistants; the ABA is fighting it.
- For non-lawyers, we get concerned when they are advertising and/or charging for the service.

Front 85

Lawyers
re: unauthorized practice of law permitted

Back 85

A lawyer can be engaged in the unauthorized of law if he is in another state. Example- Attorney transfers from TX to AR to practice law for Spanish-speaking clients. His argument is that Immigration law is federal, which is a good argument.

Front 86

Lawyers
re: In entity

Back 86

Licensed practicing AR attorney working in a bank.

Front 87

Hypo: Alice, a licensed atty, is hired by First National Bank. What if the bank advertises will, by Alice, for $100?

Back 87

No! The bank is practicing law, which it CANNOT do. Also, there's a conflict b/c she'll feel pressure to hurry (for $100) + pressure to use the bank as executor/ trustee, etc (Rule 1.7). Also, Rule 5.4(a) prohibits sharing of legal fees w/ non-lawyers.

Front 88

What if Alice gets to keep the fee and seh can charge whatever she wants?

Back 88

Takes away the 5.4 problem, but not the others. The bank is STILL practicing law.

Front 89

What if the bank offers Alice as an estate planner, but says "Have your lawyer come see Alice." Client, lawyer, and Alice meet to sign the will. Client pays lawyer and noone pays Alice.

Back 89

- This is a common situation.
The atty-client relationship is b/w the lawyer and the client. This is okay.
- The only problem is Alice's conflict of interest, but the lwyer is there to guard his client's interests. That lwyer, not Alice, would be liable ofr malpractice.
- Banks do this b/c helping attys helps the bank (they get to be executor and/or trustee of the estate).

Front 90

What if the bank's trus officer asks Alice to bring a foreclosure action for the bank against defaulting debtors?

Back 90

Of course she can do this! Alice can do anything for the bank.

Front 91

What if the bank is the executor?

Back 91

Alice cannot be the attorney for the executor. The bank must hire outside counsel.

Front 92

What if the nank gives each employee the benefit of a free will by Alice?

Back 92

Conflict of interest is the only danger. Alice's employer/ client is the bank, not that employee getting the will drafted. It's okay if she tells the bank that each employee is where her loyalties will lie.

Front 93

What if the president of the bank asks Alice to do his adoption?

Back 93

It's more a question of business management, not prof ethics. It's okay if she keeps in mind her loyalty to the bank.
- The bank could prohibit Alice from working outside the bank by K. Otherwise, it's up to Alice how she spends her time off.

Front 94

Future issue: What if Wal Mart tries to put an attorney at the supercenter? If the clients/customers pay Wal-Mart, the atty takes only routine matters, and gets a salary from Wal Mart.

Back 94

No!! Wal-Mart is practicing law, sharing fees, etc. Absolutely not.

Front 95

Rule 1.5(a)- Legal Fees

Back 95

(a) A lawyer's fees shall be reasonable.

Front 96

The factors to be considered in determining the reasonableness of a fee include:

Back 96

1. time/labor, novelty/difficulty of ?'s involved, skill requisite to perform the legal service properly.

2. likelihood, if apparent to the client, that acceptance will preclude other employment by the lawyer (i.e., you're asked to sue a bank, now the bank will never hire you)

3. fee customarily charged in the locality for similar services

4. amnt involved/ results obtained

5. time limitations imposed by the client or circumstances

6. nature/ length of the professional relationship with the client

7. experience/ reputation/ ability of the lawyer or lawyers performing the services

8. whether the fee is fixed or contingent

Front 97

1.5(b)

Back 97

(b) When the lawyer hasn't regularly represented the client, the basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing representation.

Front 98

1.5(c)

Back 98

(c) A fee may be contingent on the outcome except as prohibited by (d) or any otehr law. It must be IN WRITING and state the method for determining the fee, including the % in the event of settlement, trial, or appeal. It shall include deductions for other expenses, and whether such deductions are to be made before or after the contingent fee is calculated. Upon conclusion of a contingent fee matter, the lawyer shall provide the client w/ a written statement showing the outcome and, if there is a recovery, showing the client's award and the method of its determination.

Front 99

1.5(d)- A lawyer cannot enter into an arrangement for, charge, or collect:

Back 99

1. Domestic relations fees, provided, however after final order or decree is entered, an attorney may enter into a contingent fee K for collection of payments which are due pursuant to such decree or order; or

2. A contingent fee for representing a defendant in a criminal case.

Front 100

1.5(e)- A division of fee b/t lawyers who are not in the same firm may be made only if:

Back 100

1. the division is in proportion to the services performed by each lawyer or, by written agreement w/ the client, each lawyer assumes joint responsibility for the representation;

2. the client is advised of and does not object to the participation of all lawyers involved; and

3. the total fee is reasonable

Front 101

Contingent fees- What if the recovery is $10k and you've K'd for 1/3?

Back 101

If costs were $400 and there's no other agreement, it goes in favor of the client: subtract costs before you take the 1/3.

Front 102

In Arkansas, there is a statutory schedule of fees for probate:

Back 102

the % goes down as the amount to probate goes up b/c more $ doesn't necessarily mean more work.

Front 103

Rule 1.5(b) tells us that w/ a new client the fee should be explained:

Back 103

1. preferably in writing
2. before or w/in reasonable time after representation begins.

Front 104

Rule 1.15(a)- Safekeeping Property

Back 104

(a)- client's property must be held separate from the lawyer's own property.

1. clients' funds should be deposited and maintained in one or more identifiable trust accounts in the state where the lawyer's office is located, or elsewhere with the cilent or 3p's consent. None of the lawyer's or firm's $ goes into this account, except as needed to cover bank charges or keep the minimum balance req'd.

2. Other property shall be identified as such and appropriately safeguarded.

3. Complete records of such account funds and other property shall be kept by the lawyer and preserved for 5 years after the representation is terminated.

Front 105

Rule 1.15(b)

Back 105

(b) upon receiving the funds/ property, lawyer must notify client/3p and promptly deliver the property the client/3p is entitled to receive, and upon request render a full accounting.

Front 106

Rule 1.15(c)

Back 106

If the lawyer is in possession of property in which both the lawyer and another person claim interest, the property shall be kept separate until there is an accounting and severance of their interest. If a dispute arises, the portion in dispute shall be kept separate by the lawyer until the dispute is resolved.

Front 107

Rule 1.15(d)

Back 107

(1) Each trust account referred to in (a) shall be interest-bearing, and the institution shall be insured by an agrency of the fed'l gov't.

(2) A lwyer who receives client funds which in the judgment of the lwyer are NOMINAL in amnt, or are expected to be held for a SHORT PERIOD OF TIME, shall create and maintain an interest-bearing account for such funds, maintained in compliance with the following:

(a) trust account shall be maintained in compliance with (a), (b), and (c) of this rule and the funds shall be subject to w/drawal upon request and w/o delay;

(b) no earnings from the accnt are available to the atty or the firm.

(c) the interest accrued shall be paid to the AR IOLTA Foundation, Inc.

(3) All client funds shall be deposited in the account specified in (d)(2) unless deposited in a separate interest-bearing account for the particular client. A separate acct shall be opened in each matter. Interest so earned is the property of each client.

(4) the interest paid on teh acct shall not be less than, nor fees and charges assessed greater than, the rate paid or fees charged to any non-lawyer customers on accts of the same class w/ that bank.