Exception for Confidential Knowledge
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If lawyer learns of conduct that reflects on honesty, trustworthiness, or
fitness as a lawyer from other lawyer or one of his (reporting lawyer's)
clients, lawyer has no duty to report misconduct.
No duty to report information gained from AA meetings (or similar)
Factors for Unreasonable Fee
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, time and labor
novelty and difficulty of questions
skill needed
work keeps atty from doing other work
fee customarily charged in that local area
amount at stake and results obtained
time limitations
nature and length of relationship
experience reputation and ability of lawyer
fixed or contingent (contingent higher allowed bc gamble)
Mandatory Withdrawal
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(1) Attorney must withdraw if physical or mental condition materially impairs
ability to continue representing client.
(2) If continuing representation would require attorney to violate law or
disciplinary rule.
Cutting Off Services
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A lawyer must not make a fee agreement that could curtail services int he
middle of the relationship and put client at bargaining advantage.
Court Permission to Substitute Attys
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, Most courts require permission for substitution of attorneys. Courts almost
always grant if client wants to fire her attorney, unless undue delay or
disruption. If lawyer wants to withdraw, court may require them to stay.
Reasonableness - Contingent Fees
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A contingent fee must be reasonable, and must be used in reasonably
circumstances.
Attorney's duties upon withdrawal
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Provide client with reasonably notice
Provide client with time to obtain another attorney
Refunding attorney's fees paid in advance and not yet earned
Returning all papers and property to which client is entitled
Who regulates legal profession?
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State's highest court has the inherent power to regulate the legal
profession
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If lawyer learns of conduct that reflects on honesty, trustworthiness, or
fitness as a lawyer from other lawyer or one of his (reporting lawyer's)
clients, lawyer has no duty to report misconduct.
No duty to report information gained from AA meetings (or similar)
Factors for Unreasonable Fee
Give this one a try later!
, time and labor
novelty and difficulty of questions
skill needed
work keeps atty from doing other work
fee customarily charged in that local area
amount at stake and results obtained
time limitations
nature and length of relationship
experience reputation and ability of lawyer
fixed or contingent (contingent higher allowed bc gamble)
Mandatory Withdrawal
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(1) Attorney must withdraw if physical or mental condition materially impairs
ability to continue representing client.
(2) If continuing representation would require attorney to violate law or
disciplinary rule.
Cutting Off Services
Give this one a try later!
A lawyer must not make a fee agreement that could curtail services int he
middle of the relationship and put client at bargaining advantage.
Court Permission to Substitute Attys
Give this one a try later!
, Most courts require permission for substitution of attorneys. Courts almost
always grant if client wants to fire her attorney, unless undue delay or
disruption. If lawyer wants to withdraw, court may require them to stay.
Reasonableness - Contingent Fees
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A contingent fee must be reasonable, and must be used in reasonably
circumstances.
Attorney's duties upon withdrawal
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Provide client with reasonably notice
Provide client with time to obtain another attorney
Refunding attorney's fees paid in advance and not yet earned
Returning all papers and property to which client is entitled
Who regulates legal profession?
Give this one a try later!
State's highest court has the inherent power to regulate the legal
profession
