Professional Conduct - FL Bar Exam
Questions And Answers Graded A+.
Communicating Fees to Clients - Answer a lawyer must communicate the basis or rate of the
fee, preferably in writing, to his client upon commencement of the representation
Reasonableness of fee - Factors - Answer factors that the court considers: (erran plans)
1. Experience
2. reputation
3. results obtained
4. ability
5. novelty/difficulty
6. Precluded from other work
7. Limits on Representation
8. Amounts
9. Normal fees in community
10. Skills required for competency
Reasonableness of fees - Answer - cannot be clearly excessive
- A fee is excessive when a lawyer of ordinary prudence would have a definite and firm
conviction that the fee exceeds a "reasonable fee" to such degree that it constitutes
overreaching.
Fee Advances - Answer a lawyer may ask for all or a portion of a fee as an advance or retainer
before starting work on a matter. Any amount received must be placed in a client trust account
from which the lawyer may withdraw sums as the work is performed and the client is billed. If
the attorney quits or is fired he must return all unearned amounts to client.
Contingent Fees - Answer a contingent fee is a fee the payment of which depends on the
results obtained for the client
Requirements for valid contingent fee arrangements - Answer 1. must be in writing
, Contingent fee caps - Answer before filing the answer or demand: 33% of recovery up to 1
million , 30% of recovery between 1-2 million, and 20% recovery above 2 million
After filing an answer or demand: 40% of recovery up to 1 million, 30% of recovery between 1-2
million, and 20% of recovery over 2 million
Division of Fees - Answer Lawyers in the same firm may share fees in any way they wish
lawyers in different firms:
- in cases involving personal injury or tort claims, 75% to the lawyer with primary authority and
25% goes to lawyer with secondary authority (court may authorize different allocation
-In other cases any reasonable division is allowed, provided either:
1. the division is proportionate to the work performed; OR
2. there is a written agreement with and signed by client that the lawyers assumed joint
responsibility for the matter.
What are an attorney's key duties and roles in an attorney-client relationship - Answer Duties =
loyalty and confidentiality
roles =. fiduciary and agent
Formation of the Attorney Client relationship - Answer test = the reasonable expectation of
the client
Current Client Conflicts - Answer A lawyer MUST NOT represent a person if
1. the representation is directly adverse to current client
2. the representation is materially limited by the lawyer's obligatioin to a current client, unless
the conflict is consentible
Consentability - Answer a lawyer can represent a new client if:
1. lawyer reasonably believes the lawyer can provide competent and diligent representation to
each affected client
Questions And Answers Graded A+.
Communicating Fees to Clients - Answer a lawyer must communicate the basis or rate of the
fee, preferably in writing, to his client upon commencement of the representation
Reasonableness of fee - Factors - Answer factors that the court considers: (erran plans)
1. Experience
2. reputation
3. results obtained
4. ability
5. novelty/difficulty
6. Precluded from other work
7. Limits on Representation
8. Amounts
9. Normal fees in community
10. Skills required for competency
Reasonableness of fees - Answer - cannot be clearly excessive
- A fee is excessive when a lawyer of ordinary prudence would have a definite and firm
conviction that the fee exceeds a "reasonable fee" to such degree that it constitutes
overreaching.
Fee Advances - Answer a lawyer may ask for all or a portion of a fee as an advance or retainer
before starting work on a matter. Any amount received must be placed in a client trust account
from which the lawyer may withdraw sums as the work is performed and the client is billed. If
the attorney quits or is fired he must return all unearned amounts to client.
Contingent Fees - Answer a contingent fee is a fee the payment of which depends on the
results obtained for the client
Requirements for valid contingent fee arrangements - Answer 1. must be in writing
, Contingent fee caps - Answer before filing the answer or demand: 33% of recovery up to 1
million , 30% of recovery between 1-2 million, and 20% recovery above 2 million
After filing an answer or demand: 40% of recovery up to 1 million, 30% of recovery between 1-2
million, and 20% of recovery over 2 million
Division of Fees - Answer Lawyers in the same firm may share fees in any way they wish
lawyers in different firms:
- in cases involving personal injury or tort claims, 75% to the lawyer with primary authority and
25% goes to lawyer with secondary authority (court may authorize different allocation
-In other cases any reasonable division is allowed, provided either:
1. the division is proportionate to the work performed; OR
2. there is a written agreement with and signed by client that the lawyers assumed joint
responsibility for the matter.
What are an attorney's key duties and roles in an attorney-client relationship - Answer Duties =
loyalty and confidentiality
roles =. fiduciary and agent
Formation of the Attorney Client relationship - Answer test = the reasonable expectation of
the client
Current Client Conflicts - Answer A lawyer MUST NOT represent a person if
1. the representation is directly adverse to current client
2. the representation is materially limited by the lawyer's obligatioin to a current client, unless
the conflict is consentible
Consentability - Answer a lawyer can represent a new client if:
1. lawyer reasonably believes the lawyer can provide competent and diligent representation to
each affected client
