• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/8

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

8 Cards in this Set

  • Front
  • Back
Rule 1.5(d)(1)&(2)
(d) a lawyer shall not into an arrangement for, charge, or collect:
(1) Any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lie thereof: or
(2) a contingent fee for representing a defendant in a criminal case.
Rule 1.5(e) (1)-(3)
A division of a fee between lawyers who are not in the same firm may be made only if:
(1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;
(2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and
(3) the total fee is reasonable
Rule 1.5: Reasonable Fees
I. A lawyer may seek reimburse for costs of services performed in-house.
II. Generally, it is dersirable to furnish the client with at least a simple memorandum or copy of the lawyer's customary fee arrangement that states the general nature of the legal services to be provided, the basis, rate or total amount of the fee and wether and to what extent the client will be responsible for any costs, expenses, or disbursements in the course of the representation.
III. A lawyer must consider the circumstances in each case to determine what is reasonable.
Rule 1.5: Accepting Property as Fee
A layer may accept property in payment for services, such as an ownership interest in an enterprise, provideing it doesn't involve acquisition of a proprietary interest in the cause of action or subject matter of the litigation contrary to rule 1.8(i)
However, a fee paid in property may be subject to requirements of rule 1.8(a) because such fees often have the essential qualities of a business transaction with the client.
Rule 1.5: Disputes over Fees
If a procedure has been established for resolution fo fee diputes, the layer must comply when the procedure is mandatory, and when voluntary should conscientiously consider submitting to it.
Rule 1.6(a): Confidentiality of Information
(a) A lawyer shall not reveal information relating to the representation of a client unless the client fives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b)
Rule 1.6(b) (1)-(3)
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm
(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;
(3) to prevent, mititgate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services;
Rule 1.6(b) (4)-(6)
(b)A lawyer may reveal information relating to the representation of a client to the extent the lawyer believes reasonably necessary:
(4) to secure legal advice about the lawyer's compliance with these rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge/civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client, or
(6) to comply with other law or a court order.