FL professional conduct

Question 1

admission to legal profession

Answer 1

the FL supreme court regulates admission to FL bar

Question 2

requirements for admission (CAKE!)

Answer 2

• character: DRTH- diligence, reliability, trustworthiness, honesty; automatically discharged if you are felon, disbarred or suspended
• age: at least 18 yo
• knowledge: must pass bar exam, complete practice with professionalism course within 12 mos of admission, complete 3 elective basic CLE programs during initial 3 yr reporting cycle
• education: must attend accredited school

Question 3

regulation following admission

Answer 3

1. duty to report: a lawyer must report another lawyer’s misconfuct where it raises a substantial question as to the lawyer’s honesty/trustworthiness to practice law unless info learned in confidence
2. liability for unrelated conduct: a lawyer might be disciplined for conduct unrelated to practice o law

Question 4

practice of law: law firms and law firm names

Answer 4

• lawyers practicing in a firm have a special rules for confidentiality and conflict
• lawyers sharing office space arent usually treated as firm, but they will be treated as law firm if they hold themselves out as a law firm
• law firm names may not be misleading

Question 5

practice of law: pro bono work

Answer 5

• pro bono is not mandatory
• annual reporting of pro bono services is mandatory
• under rules of professional conduct, lawyers should provide at least 20 hrs of services to the poor or contribute at least $350

Question 6

practice of law: association with non-lawyers

Answer 6

• a lawyer may not arrange a practice in a way that compromises the lawyers professional independence
• non-lawyers cannot be partners with lawyers nor can non-lawyers own an interest in a law firm, serve as an officer of a law firm, or direct or control a lawyer’s professional judgment

Question 7

practice of law: fee sharing

Answer 7

• a lawyer may not share legal fees with non-lawyers except for the ESPN-B exceptions
  1. estates for work done before death
  2. sale of dead, disabled, or disappeared lawyers
  3. pensions paid to retired firm lawyers
  4. non-profit organizations sharing court awarded fees
  5. bonuses paid to firm staff

Question 8

practice of law: responsibility for the conduct of other lawyers in the firm

Answer 8

• lawyer one responsible for lawyer 2 if:
  1. lawyer 1 orders lawyer 2 conduct or knowingly ratifies it OR
  2. lawyer 1 has supervisory authority over lawyer 2, knows ofthe conduct when it can be remedied, but fails to take reasonable remedial action
• subordinate lawyer may rely on orders from a supervising atty if its is a rreasonable resolution of an arguable question of professional duty
• partners must make reasonable measures to ensure lawyers and non-lawyers comply with the rules
• lawyers and law firms are responsible for the misconduct of non-lawyer assistants, inclduing secretaries, law clerks, and paralegals

Question 9

unauthorized practice of law

Answer 9

• the practice of law involves exercise of legal professional judgment
• confduct likely to involve unauthorized practiced of law if it involved giving legal advise or performing services tailored to address the specific needs of an individial client
• a licened fl lawyer may not practice in a state where the lawyer is not admitted
• fl lawyer may not assist another in unauthorized practice (except for assisting pro se litigants and certified legal interns)
• penalties for unauthorized practice may include civil penalties, criminal penalties, and professional discipline

ex: filing pleasings on behalf of client, but not providing general advise to landlords about fl eviction law at a seminar or giving a lecture

Question 10

fees: communicating fees to clients

Answer 10

• NEW CLIENTS: lawyer must communicate the basis/rate of the fee, preferably in writing, upon commencement of the representation
• OLD CLIENTS: Lawyers need not communicate fees if a basic understanding already exists regarding the basis/rate of the fee

Attorney’s fees can be paid by another party but the client must be informed that the fees are being paid by someone else.

Confidential – The Attorney must keep the case confidential b/t the buyer (client) and the Attorney. He cannot disclose anything about the case unless client consents.

Question 11

fee: reasonableness of the fee

Answer 11

• fees must not be illegal, prohibited, or clearly excessive (costs charged must also be reasonable)
• a fee is excessive when a lawyer of ordinary prudence would have a definite and firm conviction that the fee exceeds a reasonable fee to such a degree that it constitutes over-reaching
• factors to consider in determining whether a fee is reasonable (ERRANT PLANS)
  1. experience
  2. reputation
  3. results
  4. ability
  5. novelty
  6. time and labor
  7. precluded
  8. limits
  9. amounts
  10. normal fees
  11. skill required

Question 12

fee: advances (Retainer)

Answer 12

• lawyer may ask for all/portion of fee as “Advance” or “retainer” before starting work on a matter
• any amounts received must be placed in a client trust account from which the lawyer may withdraw sums as the work is performed and client is billed
• if the attorney quits (or is fired) the. lawyer must return to the client all outstanding amounts
  distinguish an advance from an availability retainer:
• advance is prepayment for performance of specific services to be rendered

Question 13

contingent fees

Answer 13

• payment of which depends on the results obtained for the client
  requires
  1. in writing
  2. signed by client AND all participating lawyers
  3. states percentage payable to lawyer in event of settlement, trial, or appeal
  4. states whether expenses deducted from recovery and if so whether they come out before/after calculation of fee

Question 13

contingent fees

Answer 13

• payment of which depends on the results obtained for the client
  requires
  1. in writing
  2. signed by client AND all participating lawyers
  3. states percentage payable to lawyer in event of settlement, trial, or appeal
  4. states whether expenses deducted from recovery and if so whether they come out before/after calculation of fee

Question 14

extra contingency requirements in tort cases involving personal injury

Answer 14

1. contract must state client has read and understand statement of client’s rights
2. client must get signed copy of statement
3. statement musy syaye client can cancel within 5 business days of entering into it

Question 15

extra contingency requirements in medical liability cases

Answer 15

1. provide client with oral and written notice of the fl constitution fee limit provision
2. inform client that (unless waived) client must receive at least 70% of the first $250,000 of all damages received, exclusive of costs; client must get 90% of all damages in excess of $250,000, exclusive of costs
3. any wayver made by client must be in writing and under oath, in form provided under the Rules

Question 16

prohibited contingency fee arrangements

Answer 16

• criminal cases and domestic relations cases where outcome contingent on securign divorce, alimony, support, or property settlement

Question 17

prohibited contingency fee arrangements

Answer 17

• criminal cases and domestic relations cases where outcome contingent on securign divorce, alimony, support, or property settlement

Question 18

contingency fee caps

Answer 18

fees that exceed these caps are presumed to be excessive
before filing answer or demand:
* 33.3% of recovery up to $1 million
* 30% of recovery over $1 million
after filing answer or demand:
* 40% of recovery up to $1 million
* 30% of recovery between $1-2 million
* 20% of recovery over $2 million

Question 19

division of fees

Answer 19

• within firm, lawyers may share fees in any way they wish
  for lawyer NOT in the same firm:
• in cases involving personal injury tort claims, 75% goes to the lawyer with 25% authority
• in other cases, any reasonable division allowed provided either
  1. the division is proportionate to the work performed ot
  2. there is a written agreement with the client that the lawyers assumed joint responsibility for the matter

Question 20

advertisements and solicitation

Answer 20

• advertisements: public communications targeted to broad audience (any written/spoken communication seeking legal employment, including social media)
• solicitation: communication targeted to a specific group or specific individual requiring specific legal needs (subject to greater regulations because of fears of overreaching and invasion of privacy)
• all solicitation is advertising but not all advertising is solicitation

Question 21

advertismeent: general requirements

Answer 21

general requirements
1. name of at least one lawyer or name of firm responsible for ad or the location of the practice
2. filed with fl bar at least 20 days before dissemination
3. maintain copy of ad for 3 yrs after last dissemination

general content requirements
* any characterizations of quality must be objectively verifiable
* any statements regarding areas of practice must be true
* it cannot state or imply fl bar approval
* it may not use celebrity endorsements or testimonials
* all statements about fees must disclose client’s liability for expenses
* lawyer must honor advertised fee for at least 90 days unless ad provides otherwise
* if claiming to be board ceritfied must be certified:
1. by the fl bar
2. by an organization named in ad thats accredited by fl bar or
3. by another state bar named in ad that applies standards reasonably comparable to florida’s

Question 22

advertisements: special rules

Answer 22

• advertisements may not be false, misleading, or deceptive
• an advertisement violates this rule if any of these apply
  1. it contains a material misrepresentation of the law
  2. it implies existence of material non-existent fact
  3. it fails to disclose material information necessary to prevent it from being false or misleading
  4. it contains unverifiable references to past successes or results
  5. it promises future success or specific results
  6. it states or implies lawyer can achieve results by means that violate RPC or other law
  7. it compares lawyers services with others, unless claims can be substantiated
  8. it contains testimonial that is false, written or drafted by lawyer, paid for, or doesnt include disclaimer that prospective client may not obtain the same/similar results
  9. it uses a government title unless clarified with modifying terms such as “former” or “Retired”
  10. it uses language that characterizes a lawyer’s skill, experience, reputation, or record, except for terms that are objectively verifiable
• advertising rules apply to lawyers admitted in fl, to lawyers in other jurisidictions whose ads target floridians, and to ads run as referral services
• the ad rules DO NOT apply to lawyer communications with family members or to other lawyers as well as to announcement cards mailed to friends, relatives, current clients, and former clients telling them lawyer has changed associations or address

Question 23

special rules for specific media

Answer 23

• visual portrayals: dramatizations permitted if they contain prominant notice stating “DRAMATIZATIONS, NOT AN ACTUAL EVENT”
• tv and radio: no recognizable voice/image except that of local tv/radio personality as long as there’s no endorsement or testimonial
• email: no unsolicited emails to prospective clients unless they comply with solicitation rules, include bona fide office location, and begin the subject with “advertisement”

Question 24

solicitation: exceptions for pecuniary gain

Answer 24

• family members
• current and former clients
• pro-bono solicitation

Question 25

solicitation: general requirements

Answer 25

• marked as “Advertisement” on envelope and inside (or subject line of email)
• accompanied by written statement with information about lawyer’s or firm’s training and experience
• if fee contract included, must be marked SAMPLE in red ink and “do not sign” in a large font.
• must not resemble an official legal document

Question 26

solicitation: requirements for written solicitation triggered by specific occurence

Answer 26

• first sentence must say “if you have already retained a lawyer for this matter, please disregard this letter/email”
• must state who will handle the matter
• must state how lawyer learned of prospective client’s needs for legal services
• any envelope must no reveal nature of client’s legal problem

Question 27

specific solicitation prohibitions

Answer 27

• in personal injury and wrongful death cases, may not send written communications unless accident occurred more than 30 days prior to mailing
• may not send solicitation on specific matter if lawyer knows recipient is already represented by counsel in the matter
• may not solicit if the recipient has requested not to be solicited
• may not solicit if recipient is physically or emotionally incapable of using reasoned judgment in hiring lawyer
• may not contact respondent named in an injunction for protection when lawyer knows or has reason to know respondent has not been served with notice of process

Question 28

lawyer referral services

Answer 28

• a lawyer cannot accept referrals from a lawyer referral service UNLESS the service:
  1. does not engage in prohibited solicitation
  2. receives no fee that would violate the division of fees rules
  3. does not refer clients to unauthorized practitioners of law
  4. carries at least $100,000 in professional liability insurance
  5. furnishes quarterly information to the fl bar about members and employees
  6. responds within 15 days to bar counsel inquiries
  7. does not imply endorsements by the fl bar
  8. uses its legal or registered name in all public communications
  9. identifies itself as a lawyer referral service and states the lawyer pay to participate in the service

Question 29

lawyer directories

Answer 29

• lawyer cannot advertise in a directory UNLESS the directory:
  1. does not engage in prohibited solicitation
  2. receives no fee that would violate the division of the fee rules
  3. does not list unauthorized practitioners of law
  4. responds within 15 days to bar counsel inquiries
  5. does not imply endorsement by the fl bar
  6. uses its legal or registered name in all public communications
  7. identifies itself as a lawyer directory service

Question 30

attorney-client relationship

Answer 30

• lawyer’s key duties= loyalty and confidentiality
• lawyer’s key roles= fiduciary (relationship of utmost trust and confidence) and agent (empowered to act on client’s behalf that legally binds client)

Question 31

attorney-client relationship= formation of relationship

Answer 31

test= reasonable expectation of the client

Question 32

attorney-client relationship: prospective clients

Answer 32

lawyer must keep client confidences learned in initial meeting, even if representation does not go forward

Question 33

lawyer-client relationship: diminished capacity

Answer 33

• lawyer must maintain a normal relationship to the extent reasonably possible
• if that is not possible, the lawyer may seek appointment of a guardian

Question 34

lawyer-client relationship: scope, objectives, and means of representation

Answer 34

• client controls the scope and objectives of representation
• lawyer controls the means or tactics used in the representation (with client consultation)
• laywer and client can negotiate the scope of representation if limits are reasonable and client gives informed consent after consultation
• client decisions: whether to settle a civil case (although settlement made with apparent authority is binding) and in criminal cases, whether to testify or accept or enter a plea arrangement
• lawyer may not counsel or assist clients in conduct lawyer knows or reasonably should know is either criminal or fraudulent, though lawyer may discuss legal consequences of any proposed course of action with the client

lawyer has duty to inform client of settlemtn offer
if a settlemtn offer stops firms from bringing lawsuits to def in the future, this is a bar to access to the courts, which is fundamental right. unfair.

Question 35

conflicts of interest

Answer 35

• identify client
• is there a conflict?
• if there is a conflict, is it consentable?

Question 36

current client conflicts

Answer 36

a lawyer must NOT represent a person if
(1) the representation is directly adverse to a current client or
(2) the representation is materially limited by the lawyer’s obligation to a current client, unless conflict is consentable
* direct adversity: the clients would be on opposite sides
* material limitation: the representation presents a substantial risk that the representation will be materially limited by the lawyer’s responsibilities to another client, a former client, a third person, or the lawyer’s own personal interest
* consentability: 4-part test- lawyer can represent new client if
1. lawyer reasonably believes lawyer can provide competent and diligent representation to each affected client;
2. representation not prohibited by law
3. lawyer will not assert a position adverse to one client when representing two or more clients in the same proceeding before a tribunal and
4. each client gives consent after consultation that is confirmed in writing or clearly stated on the record at a hearing

Question 37

former client conflicts

Answer 37

• representations materially adverse to a former client in the same or substantially related matter are prohibited absent informed consent
• same or substantially related matter: where two legal matters involve the same transaction or legal dispute
• a lawyer may not use confidential information against a former client or otherwise reveal such information (unless it beocmes generally known)

Question 38

business transaction with clients

Answer 38

• transaction terms must be fair and reasonable, fully disclosed in writing
• must advise client to seek independent counsel in writing
• client must consent in writing
• literary and media rights: lawyer cannot negotiate for/acquire literary/media rights relating to the representation of a client before the conclusion of all aspects of the matter than gave rise to the representation
• soliciting gifts: lawyer may not solicit any gift unless lawyer related to the client

in trusts, attorney cannot create an instruement in which they will be substantial beneficiary of. (its like a gift)

Question 39

business transaction with clients: third party influence on professional judgment

Answer 39

• general rule: third parties cannot direct representation or interfere with a lawyer’s professional judgment or other duties to client, including loyalty and confidentiality
• a lawyer may not accept payment for representation from someone other than the client unless

1. client gives informed consent
2. there is no interference with independent professional judgment or with client-lawyer relationship and
3. confidentiality is protected

Question 40

business transaction with clients: organization as client

Answer 40

• general rule: the organization is the client, not any of its officers, directors, or employees
• lawyer may represent organization and its constitutents as long as their interests are aligned
• lawyeer must not mislead a constituent of the organization into thinking lawyer represents the constitutent with the lawyer does not

Question 41

imputed disqualification

Answer 41

• conflicts imputed to lawyers within same firm= if a lawyer is tainted by a conflict, every lawyer in the firm is tained by the conflict and is disqualified
• non-lawyer’s conflicts not imputed= if a non-lawyer in the firm is tainted by a conflit, the conflict is not imputed to lawyer’s in the firm, but the non-lawyer must be screened from participation

switching firms:
* the lawyer’s old firm: when a lawyer leaves a firm, the old firm may not represent persons if
1. their interests are materially related to those of clients of the lawyer who left
2. the two matters are the same or substantially related and
3. any lawyer remaining in the firm has acquired confidential information about the former client
* the lawyer’s new firm
* same rules as above, but switch “old firm” to new firm

Question 42

duties and obligations to client: duty of competence

Answer 42

• duty of competence: new lawyers can become competent through preparation and joining up with counsel; a client cannot consent to less than competent representation

Question 43

duties and obligations to client: duty of communication

Answer 43

• duty of communication: a lawyer must:
  1. keep the client reaosnably informed as to the status of the matter
  2. promptly reply to all requests for information and
  3. convey all settlement or offers promptly, unless client agrees otherwise

Question 44

duties and obligations to client: duty of diligence

Answer 44

duty of diligence: lawyers are expected to be zealous on behalf of the client, but this does not require offensive tactics

Question 45

duties and obligations to client: duties to prospecitve clients

Answer 45

• duties to prospective clients: the lawyer must keep the confidences and treat the prospective client as a former client for conflicts purposes

Question 46

duties and obligations to client: safeguarding client property

Answer 46

• safeguarding client property: do not commingle client property !
  1. keep client/third party/two or more people’s interest in funds/property, fee dispute amounts, and advances in client trust account
  2. short term funds belonging to client and third parties must be in IOTA account (interest of trust account payable to fl bar)

Question 47

duties and obligations to client: duty of confidentiality and attorney-client privilege

Answer 47

• attorney client privilege: a testimonial privilege applies in proceedings before a tribunal where a lawyer is asked to testify or produce evidence about a client communication
• applies to confidential communication between attorney and client made for purpose of seeking/giving legal advise
• only client can waive privilege
• privilege lasts indefinitely
• exceptions
  1. future crime/fraud
  2. disputes between lawyer and client
• duty of confidentiality: applies in wider range of situations to protect all info relating to representation of a client, from any source
• exceptions:
  1. client gives informed consent
  2. disclosure impliedly authorized to carry out representation
  3. mandatory disclosure situations- disclosure REQUIRED to prevent
• death or substantial bodily harm
• client from committing a crime
  4. permissive disclosure situations- disclosure allowed to
• serve the client’s best interest (unless client refuses)
• establish a claim or defense in dispute between lawyer and client
• establish defense to criminal charge or civil claim against the lawyer based on the conduct
• respond to allegations in any proceeding concerning the lawyers representation
• comply with the rules of professional conduct

Question 48

obligations to third persons, adverse parties, and the courts

Answer 48

• a lawyer may not lie or misrepresent a situation
• a lawyer may not assist a client’s crime or fraud
• a lawyer does not always have to reveal everythign the lawyer knows
• puffing in negotiations is permissible

Question 49

obligations to third persons, adverse parties, and the courts : communication with represented persons

Answer 49

• a lawyer must NOT communicate with a person known to be represented by counsel, unless either
  1. the opposing lawyer consents or
  2. the communication is authorized by law

Question 50

obligations to third persons, adverse parties, and the courts : communication with the constituents of a represented organization

Answer 50

• absent consent from the represented organization’s lawyer, a lawyer may not communicate with any of the organization’s employees that fall into any three categories
  1. employees who exercise managerial authority in the matter
  2. any employee in the organization alleged to have committed the wrongful act at issue OR
  3. the employees who have authority to make decisions about the course of litigation
• note that consent of the organization’s lawyer is not required for contact with former employees of the organization

Question 51

obligations to third persons, adverse parties, and the courts : communication with unrepresented persons

Answer 51

• a lawyer may talk to unrepresented persons, but may need to clarify the lawyer’s role
• a lawyer who receives a document sent inadvertently must prompty notify the sender

Question 52

obligations to third persons, adverse parties, and the courts : repsect for rights of adverse parties

Answer 52

• lawyer may not bring a frivolous argument
• laweyer should make efforts to pursue litigation consistent with the client’s interest
• lawyer must not
  1. obstruct access to evidence
  2. alter or destory evience or
  3. fabricate evidence, or counsel another to do so

Question 53

obligations to third persons, adverse parties, and the courts : repsect for rights of adverse parties

Answer 53

• lawyer may not bring a frivolous argument
• laweyer should make efforts to pursue litigation consistent with the client’s interest
• lawyer must not
  1. obstruct access to evidence
  2. alter or destory evience or
  3. fabricate evidence, or counsel another to do so

Question 54

obligations to third persons, adverse parties, and the courts : candor to the tribunal

Answer 54

• do not lie to the tribunal!
  lawyer must
  1. correct false statements of material fact
  2. correct false evidence
• must refuse to offer evidence the lawyer knows to be false
• must correct false evidence when discovered
• may refuse to offer evidence the lawyer reasonably believes to be false
• disclose controlling legal authority directly adverse to client’s position
• not allow a client to testify falsely (persuade client not to lie, refuse to offer testimony, elicit only truthful parts of the testimony)
• take reasonable remedial steps to correct client perjury
• inform tribunal of all material facts in ex-parte proceeding
  3. the duty of candor continues beyond the proceeding, unclear for how long

Question 55

obligations to third persons, adverse parties, and the courts : communication with judge/official

Answer 55

• in adversary proceeding, lawyer must not communciate with a judge/official before whom proceeding is pending as to merits of matter, except
  1. in the official proceeding
  2. in writing, with a copy promptly delivered to opposing counsel
  3. orally, upon giving notice to opposing counsel; or
  4. as otherwise authorized by law

Question 56

obligations to third persons, adverse parties, and the courts : trial publicity

Answer 56

an attorney may be disciplined if statements create a substantial likelihood of materially prejudicing adjudicative proceedings

Question 57

obligations to third persons, adverse parties, and the courts : special duties of prosecutors

Answer 57

• cannot knowingly prosecute a charge without probable cause
• cannot seek waiver of improtant pre-trial rights from an unrepresented accused
• must make timely disclosure of evidence negating guilt or mitigating an offense
• with regard to sentencing, must disclose to defense and tribunal unprivileged mitigating information, unless protective order relieves this obligation

Question 58

withdrawal: mandatory withdrawal

Answer 58

• 5 situations when lawyer must withdraw from representation
  1. continuing the representation will result in vilation of the rules of professional conduct/other law
  2. laywers physical or mental impairment mentally impairs the ability to represent the client
  3. lawyer is discharged by the client
  4. client persists in criminal or fraudulent courses of action
  5. lawyer’s services are used to commit crime or fraud

Question 59

withdrawal: permissive

Answer 59

5 situations when lawyer may withdraw
1. no material adverse effect on the client
2. client insists upon course of action that is repugnant, imprudent, or with which lawyer has a fundamental disagreement
3. client does not pay fees after reasonable warning that the lawyer will withdraw
4. the representation imposes an unreasonable financial burden on the lawyer or is rendered unreasonably difficult by the client
5. other good cause

Question 60

professionalism: oath of admission

Answer 60

• pledge to support US and FL constitutions
• respect for courts and judicial officers
• never seek to mislead judge or jury by any aritfice or false statement
• pledge fairness, integrity, and civility to opposing parties and counsel
• abstain from all offensive personality

Question 61

professionalism: fl bar creed of professionalism

Answer 61

• in professional private life uphold dignity of law and judicial system
• further the profession’s devotion to public service and the public good
• adhere to spirit and letter of code of ethics
• abstain from rude, disruptive, disrespectful, and abusive behavior
• act at all times with dignity, decency, courtesy
• respect time and commitment of others

Question 62

profesionalism: fl bar ideals and goals

Answer 62

• commitment to serve others
• usign knowledge to promote fair and just results
• endeavoring always to enhance one’s knowledge and skills

Question 63

professionalism: rules regulating fl bar

Answer 63

• lawyer may not violate rules/knowingly assist another in doing so
• lawyer may not engage in dishonesty, fraud, deceit, misrepresentation
• lawyer may not willfully refuse to pay child support
• lawyer may not enagge in sexual conduct with client that exploits/adversely affects client’s interest/attorney-client relationship

Question 64

professionalism: decisions of fl supreme court

Answer 64

• fl supreme court decisions dictate part of professionalism standard of community
• fl supreme court annoucned that in defining unprofesional conduct, it will look to substantial or repeated violations of these standards

Question 65

punitive damages

Answer 65

• Punitive Damages – are only recoverable for intentional misconduct or Gross negligence. In FL Punitive Damages are capped at 3 times Compensatory or 500,000.
• If motivated by Financial Gain then the cap is 4 times compensatory or 2 million.
• If an intentional tort or drugs or alcohol involved then there is no cap.

Question 66

attorney’s fees

Answer 66

• Generally each party must pay their own fees.
• However, in Florida by statute Attorney’s fees can be awarded in certain cases where manufacturers or Sellers defraud or Breach K.

Question 67

lending clients money

Answer 67

• A lawyer is not allowed to lend their clients money except in specific circumstances, such as
• advancing the costs and expenses of the litigation. (allows courts to remain open to everyone regardless of financial status by allowing a lawyer to front the fees for a client whom the lawyer believes has a valid case)