Legal Ethics & Professional Responsibility Flashcards
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Read the first 7 Legal Ethics & Professional Responsibility flashcards as text
Under Model Rule 1.5(c), a contingent fee agreement must be:
Answer: In writing and signed by the client
Rule 1.5(c) requires contingent fee agreements to be in a writing signed by the client stating the method of calculating the fee.
In which matter does Model Rule 1.5(d) prohibit a contingent fee?
Answer: Defense of a criminal case
Rule 1.5(d) bars contingent fees for representing a criminal defendant and in domestic matters contingent on divorce or amount of support.
Two lawyers from different firms wish to divide a fee. Which is NOT required under Model Rule 1.5(e)?
Answer: Each lawyer must perform equal work on the matter
Rule 1.5(e) requires proportional division or joint responsibility, written client agreement, and a reasonable total fee, not equal work.
A lawyer holds a $50,000 settlement in trust; the client disputes $10,000 of the lawyer's fee. Under Model Rule 1.15, the lawyer should:
Answer: Keep the disputed $10,000 in trust and promptly distribute the undisputed funds
Rule 1.15(e) requires disputed funds to be kept separate while undisputed portions are promptly distributed.
Under Model Rule 7.2(b), a lawyer may give something of value to a person for recommending the lawyer's services in which situation?
Answer: Paying the usual charges of a qualified lawyer referral service
Rule 7.2(b) permits paying the usual charges of a not-for-profit or qualified lawyer referral service, among limited exceptions.
Under Model Rule 7.3, live person-to-person solicitation for pecuniary gain is permitted when the target is:
Answer: A person with whom the lawyer has a prior professional relationship
Rule 7.3(b) excepts lawyers, family, close personal or prior professional relationships, and those who routinely use similar legal services for business.
Which arrangement violates Model Rule 5.4's ban on sharing legal fees with nonlawyers?
Answer: Paying a nonlawyer marketing consultant a percentage of each case fee
Percentage-of-fee payments to nonlawyers for generating business violate Rule 5.4(a), while the other options are listed exceptions.
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