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Flashcards in attny client conflict ctd. Deck (11)
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1
Q

Gen analysis under 1.7 ask:

A

is there a significant risk that the lawyers responsibilities to a client will be materially limited by persona interest of the lawyer

2
Q

if yes under 1.7

A

Reasonably believe that lawyer will be able to provide competent/dilligent rep AND
Obtain clients informed consent in writing

3
Q

Contignecy Fee requirements

A
  1. in writing
  2. signed by client
  3. stating method for which fee is to be determined
4
Q

fee determinatiuon

A

including % to lawyer, expenses to be decucted from recovery, whether expenses are deducted before or after fee is calculated

5
Q

requirments for the writing provided at conclusion

A

1 shall state outcome

  1. any remiitance
  2. method for determination
6
Q

contigency fees prohibited when:

A
  1. domestic relations matter when the payment/aount is contigency upon the securing of divroce, alimnony amoumt, support amount, or prop settlemtn. OR crimian def.
7
Q

media rights

A

cant make deal/negotiate before rep is completed if based on substantial part relating to the rep.

8
Q

financial assistance to clients

A

gen rule prohibits giving financial assisstance in connection with pending or contemplated litigation.
exceptions. may advance court costs/expenses
may pay costs/expenses for indigent persons
TX may advance medical/living expsnes.

9
Q

Prospectively limiting lawyer liability

A

Not allowed unless client is independelty repressented in making the agreement,
lawyer cant settle malpractice unless written advisement to seek other counsel

10
Q

proprietary info

A

general rule against unless

  1. lien to secure fees or expenses
  2. contigency fees
11
Q

division of fee b/w lawyer not in the same firm only permitted if:

A

Division in proportion to services performed (if stay involved) or each assumed joint responsibility (if they dont stay involved) cient must agree in writing and fee is reasonable