Professional Responsibility

Question 1

General Rule: Fees

Answer 1

A lawyer shall only charge a REASONABLE fee that is NOT EXCESSIVE.

Question 2

Factors Considered: Fees (3)

Answer 2

(1) Customary Community Fee;
(2) Lawyer’s Time; AND
(3) Experience.

Question 3

General Rule: Third Party Payment of Fees

Answer 3

A lawyer cannot receive a fee from a third party.

Question 4

Exception: Third Party Payment of Fees (3 Elements)

Answer 4

(1) The client consent;
(2) There is NO EVIDENCE of a lack of independent judgment, AND
(3) Confidentiality can be maintained.

Question 5

General Rule: Court Ordered Fees

Answer 5

A lawyer CANNOT receive court ordered attorney’s fees.

Question 6

Exception(s): Court Ordered Fees (3 Exceptions)

Answer 6

(1) Statute;
(2) Contract; OR
(3) Sanctions

Question 7

General Rule: Contingency Fees

Answer 7

Contingency fees are NOT allowed in Family Law or Criminal Law.

Question 8

Elements of a Contingency Fee Agreement (4 Elements)

Answer 8

(1) Writing;
(2) Generally between 15% and 40%;
(3) Explains when and how fees will be calculated; AND
(4) Client is given a statement of rights with three days to retract the agreement.

Question 9

General Rule: Referral Fees (2 Scenarios)

Answer 9

Referral fees are allowed when:

(1) The amount divided is proportional to the work; OR

(2) There is a written agreement with a client that…
(a) established JOINT RESPONSIBILITY for the client AND
designates a PLAN OF ACTION.

Question 10

Exception to Referral Fees

Answer 10

Referral fees are NEVER PERMISSIBLE between an attorney and a non-attorney.

Question 11

General Rule: Trust Accounts

Answer 11

Trust accounts must be kept separate from the lawyer’s other funds (i.e., NO COMMINGLING) AND the account must be labeled as a trust account.

Question 12

General Rule: Financial Assistance

Answer 12

A lawyer may not give financial help to a client.

Question 13

Exception to Financial Assistance Rule

Answer 13

A lawyer MAY advance court costs and expenses.

Question 14

Two Ways Conflicts of Interest Occur

Answer 14

(1) Direct Adversity; OR
(2) Material Limitation

Question 15

Exception to Conflict of Interest (2 Elements)

Answer 15

(1) The lawyer REASONABLY believes that their independent judgment would NOT be materially affected; AND
(2) The client gives their INFORMED CONSENT (a) in writing OR (b) at a hearing.

Question 16

General Rule: Business Transactions with Clients

Answer 16

A lawyer shall not enter a business transaction or take a financial interest adverse to a client.

Question 17

Exception to Transactions with Clients Rule (3 Elements)

Answer 17

(1) The transaction is FAIR and REASONABLE,
(2) There is a FULL DISCLOSURE in WRITING; AND
(3) The client CONSENTS after a reasonable opportunity to consent counsel.

Question 18

General Rule: Proprietary Interest in Cases

Answer 18

A lawyer shall not take a proprietary interest in a case.

Question 19

Exception to Proprietary Interest Rule

Answer 19

A lawyer may take a lien on the case.

Question 20

General Rule: Duty to Former Clients

Answer 20

A lawyer who once represented a client SHALL NOT represent another client in the SAME OR SUBSTANTIALLY RELATED matter in which the new client’s interests are materially adverse to the former client.

Question 21

Exception to Former Client Rule

Answer 21

The former client MAY give consent.

Question 22

General Rule: Imputed Disqualification

Answer 22

One lawyers conflicts with present or former clients are imputed onto all other lawyers at the firm.

Question 23

Exception to Imputed Disqualification

Answer 23

If the lawyer leaves the firm, then the firm may represent a new client whose interests are adverse to the client of the former lawyer.

Question 24

When is Imputed Disqualification NOT undone? (2 Elements)

Answer 24

(1) If is the SAME or SUBSTANTIALLY SIMILAR matter; AND
(2) Someone still at the firm has confidential information on the former client.

Question 25

General Rule: Representing Multiple Parties in the Same Case

Answer 25

Parties must be made aware of the potential conflicts of having multiple co-parties being represented by the same attorney.

Question 26

General Rule: Solicitation

Answer 26

A lawyer CANNOT solicit business from a potential client business for whom they do not have any familial or prior professional relationship with IF the motive of the solicitation is pecuniary gain.

Question 27

General Rule: Advertisements (6 Elements)

Answer 27

Advertisements are permitted as long as the advertisement… (1) The name of the lawyer is given; (2) Location is given; (3) There is no false; misleading, or deceptive information; (4) Does not include any specific guarantees; (5) Specialties can only be included if there is a board certification; AND (6) Can include practice areas if they are actually practiced.

Question 28

General Rule: Mailings

Answer 28

Mailings are permitted as long as the advertisement… (1) Includes the name of the lawyer is given; (2) The name of the practice is given; (3) There is no false, misleading, or deceptive information; (4) Does not include any specific guarantees; (5) Specialties can only be included if there is a board certification; AND (6) Red ink must state that the mailing is an advertisement on the bottom of the envelope and on the front page.

Question 29

Exception to the Mailing Rule

Answer 29

Accident victims cannot be contacted through a written mailing the 30 DAYS following a known accident. (i.e. Stop Ambulance Chasers)

Question 30

General Rule: Discussing Other Lawyers in Ads

Answer 30

A lawyer may not talk about other lawyers in advertisements or mailings.

Question 31

General Rule: Discussing Past Results in Ads

Answer 31

Past results that are not verifiable may not be stated.

Question 32

General Rule: Testimonials in Ads (2 Elements)

Answer 32

Testimonials must be (1) truthful and accurate accounts of actual client experiences AND (2) must explicitly include a disclaimer that states past results do not guarantee future successes.

Question 33

General Rule: Speaking to Presently Represented Individuals

Answer 33

A lawyer CANNOT talk to someone that KNOW already has representation.

Question 34

General Rule: Professional Duty

Answer 34

Lawyers must act professionally, courteously, and respectful.

Question 35

General Rule: Timeliness

Answer 35

Lawyers must act reasonably regarding time.

Question 36

General Rule: Harsassment

Answer 36

Lawyers CANNOT harass, embarrass, or threaten another.

Question 37

General Rule: Independence

Answer 37

A lawyer shall act independently and should not be persuaded to act a certain way.

Question 38

General Rule: Filing Motions and Claims

Answer 38

All motions and claims must be based on fact, cannot be frivolous, and cannot be designed to delay.

Question 39

General Rule: Confidentiality

Answer 39

A lawyer SHALL maintain confidentiality, even after the death of a client.

Question 40

Exceptions to Confidentiality (2 Exceptions)

Answer 40

(1) A lawyer may break confidentiality if (a) he/she knows there client will COMMIT a CRIME; OR (b) he/she knows the client is going to cause great bodily harm, injury, or death. (2) A lawyer may break confidentiality if the client consents.

Question 41

General Rule: Loyalty

Answer 41

A lawyer must maintain a duty of loyalty to the client.

Question 42

General Rule: Competency

Answer 42

A lawyer must maintain basic skills, knowledge, and preparation.