Professional Responsibility Flashcards
RETAINER
RETAINER
- Advanced Payment Retainer: belongs to Cl and goes into trust acct
- General Retainer: belong to atty and goes into L account
BUSINESS TRANSACTIONS WITH CLIENTS
_BUSINESS TRXNS W/ Clients _
are *GENERALLY IMPERSSIBLE*
UNLESS
- Trxn is *FAIR AND REASONABLE *+ TERMS disclosed in WRITING
- Client is advised of the desirability of seeking this AND given reasonable opportunity to seek, INDEPENDENT COUNSEL for the trxn
- Client gives informed consent to essential terms of the trxn.
DOMESTIC RELATIONS MATTERS -
FEE AGRMT REQUIREMENTS
_DOMESTIC RELATIONS MATTERS
FEE AGRMT REQUIREMENTS_
- IN WRITING - signed by L and Client
- Client receives statement of client rights and responsibilities @ initial conference
- No Non-Refundable fees, or in any other matter
- No contingency fee to collect unapid alimony or child support
- Periodic Billing every 60 days @ conclusion, unused portion of retainer returned to CL
WRITTEN LETTER OF ENGAGEMENT - EXCEPTIONS
WRITTEN LETTER OF ENGAGEMENT - EXCEPTIONS
LOE not necessary where
- representation is $3000 or Less
- Same general kind as provided before
- Domestic Relations Matter
- No material portion of services in NY
WRITTEN LETTER OF ENGAGEMENT
WRITTEN LETTER OF ENGAGEMENT
Includes
- Scope of Representation
- Explanation of Atty’s Fees/Expenses
- Notice of Cl’s right to arbitrate fee disputes
- IF FEE CHANGE or SCOPE of SERVICES change —> updated Letter of Engagement Req.
LAWYERS IN CRIMINAL CASES MUST:
CRIMINAL
- A lawyer must represent his client zealously within the bounds of the law and make only meritorious claims and contentions.*
- In addition, a lawyer for the defendant in a criminal proceeding, or for the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established*
LAWYERS IN CIVIL CASES MUST:
CIVIL
A lawyer must represent his client zealously within the bounds of the law and make only meritorious claims and contentions.
FEE DISPUTE RESOLUTION PROGRAM
NY IN CIVIL MATTER
**FEE DISPUTE RESOLUTION PROGRAM
NY IN CIVIL MATTER **
FEES DISPUTES are subject to arbitration at Cl’s election
- CL must be informed in LOE and when dispute arises
-
EXCEPTIONS:
- CRIMINAL MATTER REPRESENTATIONS
- Disputes involving sums less than $1000 or more than $50K
- claims w/ substantial legal questions including legal practice
- where fee determined to statute or rule and allowed as of right by CT
- disputes where no attorney’s services have been rendered for more than 3 years
DOMESTIC RELATIONS MATTERS - RETAINERS
RETAINERS IN DOMESTIC RELATIONS MATTERS
-
RETAINER agrmt can include a security interest, confession of judgmt, or other lien (including on real property), to secure L’s fee, but ONLY IF
- Prior notice given to CL in signed retainer agrmt
- Judge approves after notice to adversary
BASIC CONFLICTS RULE
BASIC CONFLICTS RULE
- L should not represent client if reasonable L would conclude that either:*
- Representation will involve L representing DIFFERING INTERESTS OR
- THERE IS SIGNIFICANT RISK THAT L’S PROFESSIONAL JUDGMENT ON BEHALF OF A CLIENT WILL BE ADVERSELY AFFECTED BY L’S OWN financial, business, property, or personal interests
DUTY OF CONFIDENTIALITY
DUTY OF CONFIDENTIALITY
L may not knowingly disclose confidential info or reveal info such info to disadvantage of client or for the advantage of the L or 3P, like another client/freind
INCLUDES
- Info protected by atty-client privilege
- likely to be detrimental or embarrassing to the client
- info the client has requested to be kept confidential
- Broader DTY that Atty-Client Privilege
ACCEPT/WITHDRAWAL FROM REPRESENTATION - Lawyer’s Right to Reject and When Must a Lawyer Withdraw
ACCEPT/WITHDRAW FROM REPRESENTATION
L have right to reject all cases, but should do some Pro Bono
When MUST L withdraw?
- L knows representation will —> rule/law violation
- Suffers physical/mental disability
- Firing of L
- Cl taking steps to solely harass/malicious injure another
