Taking note; securing fees by confessions of judgment
Article Abstract:
Having clients who are unable to pay sign confession-of-judgment notes for fees is questionable from a legal ethics standpoint. Some jurisdictions have determined this practice constitutes charging excessive fees, improperly limiting liability for malpractice or taking advantage of a client's ignorance of legal affairs. The general principle affording clients maximal protection in their dealings with lawyers is embodied in ABA Model Rule 1.8(a), which states than an attorney must not acquire a monetary interest adverse to a client unless the client consents in writing after all relevant facts about the interest have been disclosed in writing.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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Pay or I'll file charges; using the ultimate threat against an opposing party
Article Abstract:
The ABA's Standing Committee on Ethics and Professional Responsibility has issued Formal Opinion 92-363, 'Use of Threats of Criminal Prosecution in Connection with a Civil Matter.' The committee concluded that a plaintiff's attorney litigating a claim of civil fraud is not barred from mentioning the possibility of criminal charges to the opposition, although threats involving extortion are clearly out of bounds. The West Virginia Supreme Court decided a case on this issue in Committee on Legal Ethics v Printz, finding the lawyer guilty of extortionate threats.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Co-opting the competition; beware of unethical restrictions in settlement agreements
Article Abstract:
A settlement agreement is unethical if it includes a restriction on the lawyer's right to practice. ABA Model Rule of Professional Conduct 5.6(b) speaks to this issue, and even prohibits that an attorney suggest such an agreement. Nevertheless, it is not unusual in some kinds of litigation to make settlement offers dependent on agreements by attorneys not to bring similar suits or make claims against a certain defendant. Public policy and professional responsibility are violated by such agreements.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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