Lawyers in love ... and in conflict: when do romantic relationships get in the way of representing clients?
Article Abstract:
Courts disagree on the conflicts inherent in attorney-spouses representing clients who have adverse interests. ABA Model Rule 1.8(i) states that such representation can only take place if clients have consented after consultation. This model rule has no equivalent in the Model Code. A Texas appellate court forbade such representation in Haley v Boles, even after client consent. A California court in People v Jackson applied the spousal analysis to a case of attorneys for opposite sides who were dating one another and held that there was an appearance of impropriety.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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When bonuses boomerang: rewards for nonlawyer staff, outside lawyers cannot be division of fees
Article Abstract:
Law firms wishing to reward non-attorney staff or attorneys outside the firm by offering bonuses should be aware of the varying ethical standards that may apply to such compensation. Division of fees with non-attorneys or outside attorneys is prohibited. The ABA has stated that bonuses paid to staff may be a percentage of the firm's total profits, but some jurisdictions have found such arrangements impermissible. Profit-based bonuses to "of counsel" attorneys providing referrals have been found to be a division of fees as well.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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What to say when a lawyer leaves; clients are entitled to make informed decisions about who represents them
Article Abstract:
Attorneys have the ethical obligation to notify the clients on their roster when they depart their firm. The primary goal of this process is to provide clients with sufficient information to decide who will represent them in the future. The relevant sections of the ABA Model Rules of Professional Conduct are Rule 1.4(b), which covers communication, and Rule 1.16(d), which covers declining or terminating representation. ABA Informal Opinion 1457 discusses which clients are entitled to this notice.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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- Abstracts: New wine in old skins: interaction of new COBE regulations and the substantially all requirement. "Regular, normal distributions" and the substantially all requirement
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