Professional Responsibility Flashcards
Attorney Fees must be
Reasonable
Attorney fee factors
time and experience required
Contingency fees must be (5 things)
in writing, signed by the attorney and the client, stating the percentage for the attorney, how that percentage is determined and whether the expenses will be paid before or after the percentage is calculated
What is a reasonable percentage for contingency fees?
15-40%
Special contingency fee requirement for Florida
The client must be given the Florida Bar’s statement of client rights before signing
A lawyer may not represent a client if doing so will
Materially limit their independent professional judgment
A lawyer may not represent a client … UNLESS (2)
the lawyer reasonably believes the representation will not be affected and the client gives informed written consent
A lawyer cannot represent someone whose interests are (2!!)
Directly adverse to another client, or if there is a substantial risk that representation would be materially limited
No representation of directly adverse interests…UNLESS (1 long, 2 simple)
The lawyer reasonably beleives that they can provide competent and diligent representation, representation is not prohibited by law, and each client gives informed written consent
For informed written consent in conflicts (common representation), lawyer must explain
implications, advantages and risks of common representation
A lawyer must not represent another client in the same or substantially related matter if
that client’s interests are materially adverse to the former client
No representation of adverse to former clients UNLESS (1)
the former client gives his informed written consent.
If former client consent is acquired, lawyer still cannot
use information from previous representation
A lawyer cannot acquire an interest
that is adverse to a client
no adverse interest UNLESS
it is a lien to secure attorney’s fees or expenses
An attorney cannot acquire an interest in the ______ of litigation
subject matter
Attorneys owe clients a duty of ____/diligence
competence
attorneys owe clients the duty of __________ (think shhhhh)
confidentiality
An attorney cannot disclose
information relating to the representation
exceptions to financial assistance
Attorney’s can pay for an indigent clients’ court costs and expenses, or pursuant to a contingency fee
Can attorney’s provide non-legal advice
Attorney’s can provide personal, moral and economic advice
Can an attorney enter into business transactions with clients? If so, what are the requirements (2 short, 1 long)
An attorney may not enter business transactions with clients unless it is fair, reasonable, and the client gives informed consent after opportunity to seek independent counsel
Obligations to unrepresented parties
An attorney cannot let someone think they are a disinterested party and must correct the understanding if there is one
Can attorney’s give advice to unrepresented parties
The only proper advice that an attorney can give to an unrepresented party is to get a lawyer
