What are some actions that will subject an attorney to discipline?
- violating, attempting to violate, or assisting another to violate RPC
- failing to disclose info on bar application
- refusing to cooperate w/ disciplinary investigation
- committing criminal act that reflects badly on att’s (1) honesty, (2) truthfulness, or (3) fitness as atty
- intentionally engaging in conduct involving (1) dishonesty, (2) fraud, (3) deceit, or (4) misrepresentation
- engaging in conduct in connection w/ practice of law that is prejudicial to administration of justice
- wilfully refusing to pay child support
- assisting judge to violate rules
- stating or implying ability to improperly influence
- sex w/ client
When MUST an atty report misconduct of another atty?
- atty knows that another attorney has violated RPC
- violation raise a SUBSTANTIAL QUESTION as to that atty’s honesty, trustworthiness, or fitness as atty
When is disclosure NOT required even when the atty’s misconduct raises a substantial question?
- information is protected by atty’s duty of confidentiality (client is another atty)
- atty gained info while working at an approve att’s assistance program that helps atty’s & judges deal w/ substance abuse
- atty gained information while working as mediator or participating in mediation
If an atty is NOT licensed in FL, what CAN’T they do?
- advertise
- establish office
- otherwise hold out to public that they are licensed in FL
When can out-of-state atty’s practice in FL temporarily?
- atty associates w/ FL licensed atty who actively participates
- services are reasonably related to a potential or pending case where atty has “pro hac vice” admission (or expects to get it)
- services performed for client who lives or has an office in state where atty licensed (pro have NOT required)
- temporary practice reasonably related to atty’s home state practice (pro hac NOT required)
When can a out-of-state or foreign atty provide legal services through an office or other systematic & continuous presence in FL?
- atty NOT disbarred or suspended; AND
- atty authorized by federal or local law to practice a restricted branch of law OR atty authorized in-house counsel for an organization
Can an atty enter into a partnership w/ a nonlawyer?
Yes
- if none of the organizations activities will consist of the practice of law
When is an atty subject to discipline for another atty’s disciplinary violation?
If the attorney:
1. ordered the 2nd atty’s misconduct
2. knew about 2nd atty’s misconduct & ratified
3. was partner or manager or had direct supervisory responsibility over 2nd atty, & they knew about misconduct at a time when its consequences could have been avoided or mitigated & failed to take action
What factors do you consider when determining what a reasonable fee is?
- fixed or contingent fee
- customary fee in the community
- time & amount of work
- experience & reputation of atty
How must an attorney communicate their fee to a client?
Must communicate the basis or rate of fee
- perferably in writing or within a reasonable time after commencing representation
NONrefundable fee MUST be in writing
If an attorney wants to collect on a contingency fee basis what must be done?
- must be in writing & signed by client & atty
- include method for fee determination, including % for settlement, trial, & appeal
- must include that contract can be cancelled by client by written notice at any time w/ 3 days of execution
- at the end of representation, a written statement including outcome, distribution to client, and itemization of cost
An attorney must NOT enter into an agreement to charge or collect what types of fees?
- a fee that is clearly excessive or illegal; OR
- a fee generated through employment based on violating the advertising or solicitation rules
What types of cases can’t use a contingency fee agreement?
- domestic relations cases - fee contingent on getting divroce, or certain alimony, or child support, or property settlement
- defending client in criminal case
CAN use contigency in collection cases
Explain the cap on contingency fee cases in personal injury cases
- Recovery BEFORE D’s answer filed OR D admits liability = 1st million - 33 1/3%
- Recovery AFTER D’s answer filed AND D hasn’t admitted liability = 1st million - 40%
Is fee splitting allowed in FL?
YES, as long as:
1. total fee is reasonable; AND
2. amount is divided by amount of work done by each atty; OR
3. there is a written agreement w/ client for joint representation setting out division in fee (cannot split fee w/ non-atty)
NOT for personal injury, property damage, or death/loss of services
When the case is for personal injury, property damage, or death/loss of services resulting from PI, how are fees split (if 2 atty’s working on case?)
- atty who assumes PRIMARY responsibility receives 75% or more of total fee
- atty who assumes SECONDARY responsbility must NOT receive more than 25% of fee
if atty roles SUBSTANTIALLY EQUAL they can apply to ct for authorization
Are referral fees allowed in FL?
NO!
When can an atty avoid appointment by tribunal?
Only if they show GOOD CAUSE – examples include:
1. representation likely to lead to violation of RPC or law
2. representation likely to result in an unreasonable financial burden on atty
3. client or cause repugnant to atty & likely to impair atty-client relationship or atty ability
When can an atty & client agree to limit the objectives or scope of representation?
- not prohibited by law
- limitation reasonable
- client gives informed consent in writing
What are some duties an atty has to their client?
- duty of competence
- duty of diligence
- duty of communication
- duty of confidentiality
- duty to protect clients property
List the instances where an atty is REQUIRED to disclose confidential information & when it’s permissive
MANDATORY:
1. client will commit crime OR cause death/great bodily harm (disclose what is reasonably necessary)
PERMISSIVE:
1. client consents to waiver of confidentiality
2. establish defense/claim in controversy w/ client or crime
3. resolve conflict of interest
4. info becomes generally known
Can an atty place their own money into a client trust account?
NO!
- UNLESS it is to cover bank service charges
A record of the client’s trust account must be kept by attorney for how long?
6 years after representation ends
When MUST an attorney decline to take on representation or MUST withdraw from representation?
- representation will result in violation of RPC or law
- atty discharged/fired
- atty’s physical or mental condition impairs ability to represent
- client persists in course of action involving atty’s services that atty reasonably believes is criminal or fraudulent (unless client agrees to disclose & rectify)
- client used atty’s services to perpetrate fraud or crime
