Client-Lawyer Contracts
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You may limit representation by contract, but a fiduciary relationship is
formed and the duty can not be violated. For example, if you agree to
represent a client through trial but not on appeal, and you know the client
wants to appeal, you must help them even if your contract said you would
not
Permitted Judicial Campaigning
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, SLICE
S- Speak and attend political gatherings on her own behalf
L- Distribute election Literature and appear in media advertisements
I- Identify herself as a member of a political party
C- Contribute to her own campaign but not to other individual candidates
E- Endorse (even publicly) or oppose other candidates for the same judicial
office
Expert fees
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CANNOT be based on content of testimony or outcome of case
Definition of "Frivolous Claim"
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, 1. cannot be supported by a good faith argument under existing law; AND
2. cannot be supported by a good faith argument for changing the existing
law.
NOT frivolous to file a claim before substantiating all the facts; doing so
with the intention of challenging the validity of a law; asserting a position
even if the lawyer knows claim is likely to fail
BUT LAWYER must make this determination; doesn't matter if client wants to
pursue the claim if lawyer determines case is frivolous
Filing a claim even if barred by statute of limitations is NOT frivolous!!!
NOT frivolous if the claims are supported by a good faith argument under
existing law, even if subjective intent is to intimidate/delay.
Payment in Advance
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A lawyer may require her fee to be paid in advance, but she must refund
any unearned part of the advance if she is fired or withdraws. However, a
true retainer fee is money that is paid solely to ensure the availability of the
lawyer, and the lawyer who is fired or withdraws generally need not refund
the retainer fee.
A lawyer is not permitted to acquire interest in Litigation
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, You can not "buy in" to interest in a case via legal services, with some
exceptions:
1. Contingent Fee Agreements
2. Attorney Lien
Discovery of Falsity After Evidence Has Been Offered
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If a lawyer has offered a piece of evidence and later discovers that it is
false, she must take reasonable remedial measures.
1. lawyer must speak confidentially with her client, urging the client's
cooperation in withdrawing or correcting the false evidence
2. if the client will not cooperate, the lawyer should consider asking the
court's permission to withdraw, and move to strike evidence (must NOT
reveal any confidential info)
3. if withdrawal is not permitted or will not solve the problem, the lawyer
must disclose the situation to the judge, even if that means disclosing the
client's information that would otherwise be protected under the duty of
confidentiality
Lawyer settling a legal malpractice claim with unrepresented client
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1. client advised in writing to seek independent counsel
2. person given rx time to seek advice
Mandatory Withdrawal
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You may limit representation by contract, but a fiduciary relationship is
formed and the duty can not be violated. For example, if you agree to
represent a client through trial but not on appeal, and you know the client
wants to appeal, you must help them even if your contract said you would
not
Permitted Judicial Campaigning
Give this one a try later!
, SLICE
S- Speak and attend political gatherings on her own behalf
L- Distribute election Literature and appear in media advertisements
I- Identify herself as a member of a political party
C- Contribute to her own campaign but not to other individual candidates
E- Endorse (even publicly) or oppose other candidates for the same judicial
office
Expert fees
Give this one a try later!
CANNOT be based on content of testimony or outcome of case
Definition of "Frivolous Claim"
Give this one a try later!
, 1. cannot be supported by a good faith argument under existing law; AND
2. cannot be supported by a good faith argument for changing the existing
law.
NOT frivolous to file a claim before substantiating all the facts; doing so
with the intention of challenging the validity of a law; asserting a position
even if the lawyer knows claim is likely to fail
BUT LAWYER must make this determination; doesn't matter if client wants to
pursue the claim if lawyer determines case is frivolous
Filing a claim even if barred by statute of limitations is NOT frivolous!!!
NOT frivolous if the claims are supported by a good faith argument under
existing law, even if subjective intent is to intimidate/delay.
Payment in Advance
Give this one a try later!
A lawyer may require her fee to be paid in advance, but she must refund
any unearned part of the advance if she is fired or withdraws. However, a
true retainer fee is money that is paid solely to ensure the availability of the
lawyer, and the lawyer who is fired or withdraws generally need not refund
the retainer fee.
A lawyer is not permitted to acquire interest in Litigation
Give this one a try later!
, You can not "buy in" to interest in a case via legal services, with some
exceptions:
1. Contingent Fee Agreements
2. Attorney Lien
Discovery of Falsity After Evidence Has Been Offered
Give this one a try later!
If a lawyer has offered a piece of evidence and later discovers that it is
false, she must take reasonable remedial measures.
1. lawyer must speak confidentially with her client, urging the client's
cooperation in withdrawing or correcting the false evidence
2. if the client will not cooperate, the lawyer should consider asking the
court's permission to withdraw, and move to strike evidence (must NOT
reveal any confidential info)
3. if withdrawal is not permitted or will not solve the problem, the lawyer
must disclose the situation to the judge, even if that means disclosing the
client's information that would otherwise be protected under the duty of
confidentiality
Lawyer settling a legal malpractice claim with unrepresented client
Give this one a try later!
1. client advised in writing to seek independent counsel
2. person given rx time to seek advice
Mandatory Withdrawal
