FL Professional Responsibility Flashcards
(131 cards)
Who regulates admission to the Florida bar?
FL Supreme Court
When does a lawyer have a duty to report another lawyer’s violation of the Florida Rules of Professional Conduct
When it raises a substantial question as to the lawyer’s
- honesty
- trustworthiness, or
- fitness to practice law
True or False:
Pro bono service to the poor is mandatory
False
True or False:
Annual reporting of pro bono services is mandatory
True
When can a lawyer share fees with non-lawyers?
ESPN-B
Estates of deceased lawyers for work done before death
Sale of a law practice of dead, disabled, disappeared lawyer
Pensions paid to retired firm lawyers
Non-profit organizations but only court-awarded fees
Bonuses paid to firm staff
How must a lawyer communicate fees to a NEW versus an OLD client?
NEW: they must communicate the basis/rate of the fee & preferably in writing
OLD: don’t have to communicate if there’s already a basic understanding of the basis/rates of the fees
True or False
Fees and any costs charged to the client must be reasonable and not excessive
True
True or False
A lawyer should provide at least 20 hours of pro bono service, or contribute at least $350 to a legal aid organization annually.
True
Can non-lawyers be partners with lawyers?
no bc this arrangement can compromise the lawyer’s professional independence
Who must make make reasonable efforts to ensure that lawyers and non-lawyers comply with the RPC?
Partners for lawyers
and lawyers for legal assistants/clerks/paralegals
What factors do courts consider when determining weather a fee is reasonable?
ERRANT PLANS
- Experience***
- Reputation
- Results
- Ability
- Novelty/difficulty of the matter***
- Time and labor
- Preclusion from other work
- Limits imposed on representation by client
- Amounts involved in case
- Normal fees within the community***
-Skills required (Acquisition of a skill= more fees)
contingency fee
A fee whose payment depends on the results obtained for the client
Requirements for contingency fees
- must be in writing and signed by client and all participating lawyers
- states % payable to lawyer
- states if any expenses will be deducted from the recovery and if so, if deducted before or after calculation of the fee
addt’l reqs for contingency fee arrangements in personal injury cases
- K must state client read and understands the “statement of client’s rights”
- client must get a signed copy of the statement
-statement must state client can cancel K within 3 days of entering into it
addt’l reqs for contingency fee arrangements in medical liability cases
- give client oral + written notice of the FL Constitituin’s fee limit prviison
- inform client that unless waived they must receive 70% of the first 250K of all damages and 90% of damages in excess of 250K
-if they waive, they must put the waiver in writing and under oath
What types of cases prohibit contingency fees?
- criminal cases
- domestic relation cases where outcome depends on securing/setting a divorce, alimony, support, or property settlement
(this wouldn’t apply if it is just to enforce child support, for example)
Percentages allowed of contingency fees before presumed to be excessive
BEFORE filing answer/demand:
- 33.3% –> 1M recovery
- 30% –> 1-2M recovery
- 20% –> 2m+ recovery
AFTER filing answer/demand:
- 40% –> 1M recovery
- 30% –> 1-2M recovery
- 20% –> 2m+ recovery
Division of Fees for lawyers not in the same law firm (like with referrals fees)
Personal Injury:
- 75% to lawyer w primary authority
- 25% to lawyer w secondary authority
Any other cases:
(i) the division must be proportionate to the work performed; OR
(ii) there needs to be a written agreement w client that the lawyers assumed joint responsibility
A fee charged by a lawyer is clearly excessive if ______________ would have a definite and firm conviction that it exceeds a reasonable fee to such a degree that it constitutes overreaching.
a lawyer of ordinary prudence
Which of the following types of fees is instantly earned by the lawyer?
An availability retainer
Advertisements vs. Solicitation
Advertisement:
communication targeted to a braid audience
Solicitation:
communication targeted to a specific group/individual that require legal needs
general reqs for an advertisement
- name at least 1 lawyer or the law firm + location
- file a copy w FL Bar 20 days before dissemination
- have a copy of the ad for 3 years after last dissemination
- ad cant be unduly manipulative
- if claiming to be board certified, must be certified by FL bar/org accredited by FL Bar/another state bar w standards comparable to FL’s
- no celebrity endorsements/testimonials
3 things an advertisement CANT be
- false
- misleading
- deceptive
(by having material representations for example/unverifiable info)
Reqs for written solicitation that is allowed
- marked as “advertisement” on the envelope and every page. Or subject line if its an email
- written statement w info in the lawyer/firm training and experience
- if fee K included then it must be marked SAMPLE in all caps and red + “Do not Sign” in large font
- must not resemble an official legal document