Additional stuff Flashcards
(14 cards)
When a contingent fee matter is concluded, what must a lawyer provide?
a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.
How to bill for In-House services?
Copying, use of conference room?
At cost, absent specific agreement
Quantum meruit
an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship
What must a fee agreement contain?
- Communication about the basis for the fee or rate
- Scope of representation & CL responsibilities
- Any contingent fee requirments
When ,ay a lawyer put their own money into a client’s trust account?
For the sole purpose of paying bank service charges on that account, but only in an amount necessary for that purpose.
How long must info about client money be stored?
Lawyers should keep complete records of account funds & other property for at least 5 years
Where should client money be stored?
Client funds should be maintained in a trust account, distinct from the lawyer’s funds
When is a subordinate lawyer not likely liable for malpractice of someone above them?
supervisor makes reasonable judgment call on “an arguable question of professional duty.”
How can a firm restrict a lawyers’ right to practice after they leave?
They can’t, except for an agreement concerning benefits upon retirement
Lawyers must report receipt of amounts of how much in cash?
greater or equal to $10,000
can’t withhold the CL’s name. So no, this will not be confidential.
Can a client break payments down into installments to avoid having to discolse?
To structure $ transactions to avoid the reporting requirements is a federal felony
The knowledge requirement includes…
subjective knowledge as well as willful blindness or conscious avoidance of facts.
Can a lawyer speak with someone represented by council if that person initiates the communication?
No, A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this Rule.
