Flashcards in Florida Professional Responsibility Deck (164)
Sale of a law practice is permitted but is subject to certain requirements. They are:
1. The entire practice or area of practice may be sold to different purchasers (some states only allow one)
2. The purchaser must be authorized to practice law in Florida.
3. Written notice must be sent to the firm's clients informing them of the sale and their right to retain other counsel. Client consent is presumed if the client does not object within 30 days of the notice.
4. The purchaser cannot increase the fee. (must honor the fee agreement)
Generally, a lawyer can only practice in a state where _____.
A lawyer not licensed in FL cannot ____ to provide legal services in FL.
A lawyer not admitted in FL cannot _________ in FL ior hold out to the public that the lawyer is admitted in FL.
establish an office.
In areas of Federal law involving __, _____, and ___, a lawyer admitted in another jx may provide legal services in FL limited to these specific areas of law.
patent, immigration, tax
In order to be admitted pro hac vice in FL, a non Florida laywer must _____. The attorney may be admitted for _____.
file a motion with the court; that case only
More than __ appearances in 365 days is presumed to be general practice of alw and thus ineligible for admission pro hac vice.
_____, _______, and _____ not eligible for admission pro hac vice
3. former members of the FL Bar
Florida resident is not eligible for admission pro hac vice unless
application for admission has been filed.
A lawyer cannot assist another to engage in ____.
the unauthorized practice of law
Lawyer must ____ non lawyer staff. This means what?
Lawyer must give non-lawyer "specifically delegated" tasks. Can't say "handle things while I'm gone."
Lawyer cannot acempt employment by a _____ group the purpose of which is to ___ non laywers.
Sham: paralegals formed a law firm and hired 1 lawyer to supervise.
A __ or _____ lawyer cannot be employed under the supervision of another lawyer who was supervised by teh individual at the time of the acts that caused teh suspension or disbarment.
suspended or disbarred
(can't be a clerk at the law firm after you were disbarred at that firm).
A lawyer admitted in a state other than FL may provide temporary legal services in FL if:
1. undertaken in association with a FL lawyer who actively participates, OR
2. reasonably related to a pending or potential proceeding where the lawyer is admitted, OR
3. performed for a client who resides where the lawyer is admitted, OR
4. reasonably related to the lawyer's practice where lawyer is admitted
*Interviewing witnesses and reviewing documents is permitted.
T/F: Restrtictive covenants are permitted for lawyers.
Wrong. No restrictive covenants for lawyers.
What are the rules re pro bono in FL?
Pro bono is not required -- only aspirational. Bar encourages you to complete 20 hours/ $350/yr.
Recording of pro bono hours is required even if 0 hours completed.
In FL, there can be no _____, _____, or _____ firm names, such as Meader & Associates if a sole practitioner.
false, deceptive, misleading.
No Ginsburg, Sotomayor, & Meader, LLC.
Trade names are generally permitted, but: (2 rules)
1. avoid deceptive trade names
2. cannot imply a connection with an agency or public charitable legal services organization (like the SS office)
Law firm name can include "Legal Clinic" or "Legal Services" if law firm's practice devoted to ______ at _____ rates.
routine legal services
(can't be antitrust)
The name of a lawyer holding _____ may not be used in the name of th elaw firm during any period in which that lawyer is not actively and regularly practicing with the firm.
"Nonsense" name is allowed for advantageous position in the _______, but only if the lawyer/firm actually practices under that nonsense name.
So If Aaaaaaawesome law firm. Have to present yourself that way in court.
Fee cannot be ________ ________.
clearly excessive ($1000 per hour)
Fee cannot be generated by employment based on violation of the _____ or ______ rules, or by fraud.
advertising or solitication
If ad is unethical, then so is fee.
Fee cannot exceed a reasonable fee or constitute clear overreaching or unconscionable demand. Factors to consider include:
1. Time spent on the matter
2. Time limitations placed on the lawyer by the client or circumstances.
3. complexity and novelty
4. amount of money involved
5. lawyer's skill, experience and reputation
6. what is customarily charged in the area (VA different than Miami, e.g.)
What is a contingency fee? What is required in order for a lawyer to charge a contingency fee?
Lawyer is paid a percentage of recovery if the client is successful.
Agreement must be in writing and signed by client and every participating lawyer.
What is required in a contingency fee agreement?
1. In writing
2. Signed by client
3. Signed by every participating lawyer
Agreement must state:
1. percentages in event of settlement, trial, or appeal
2. if expenses will be deducted before or after percentage taken
At end of case, closing statemenet with calculations and final fee must be provided.
In personal injury and property damage -- statement of client rights.
Non-contingency fee agreements are ____ required to be in writing unless ___.
any portion is non-refundable.
At the conclusion of a case with a contingency fee, what must be provided?
A closing statement with calculations and final fee.
There can be no contingency fee arrangement in what types of cases? *Exception?
divorce, alimony, custody, support
* Exception = contingency fee is allowed in a case to collect post judgment balance of support or alimony. Considered a collections case.