Customary fee [MR 1.5(a)] Informed consent of client, Factors considered re: fees amount of fee in proportion (NOT including factors to value of services, relative shared by MR and CA, i.e. sophistication of parties time/labor required, novelty [CRPC 4-200(A)] of issues, etc.)… Preferably, w/ basis Must be if over $1,000, Fee arrangement in communicated before OR include basis, nature, writing… reasonably after responsibilities [B&P commencement of unless client 6148(a)]… representation [MR 1.5(b)] waiver, pre-existing client/ implied waiver, emergency, corporation [B&P 6148(d)] Domestic relations matters NO such counterpart in CA, NO contingency fee allowed (where divorce/alimony/ BUT still generally in… child support is pending), followed (domestic relations criminal Ds [MR 1.5(d)] covered in Family Code) NO such counterpart in MR Required, unless fee is NOT Statement in contingency negotiable (i.e. medical fee agreement that fee is malpractice) [B&P negotiable b/w lawyer and 6147(a)(4)] client… Lawyer should aspire to An obligation (NOT a Pro bono service… render 50 hrs./yr. [MR 6.1] requirement, though some firms may require) If client gives informed If client gives informed Revealing confidential consent [MR OR, consent [CRPC information… 1.6(a)]… to prevent reasonably OR, to prevent certain death or substantial criminal act reasonably bodily harm, crime/fraud believed to likely result in reasonably certain to death or substantial bodily substantially injure harm [CRPC 3-100(B)] (NO crime/fraud exception, another’s financial/property interests for which client AND substantial bodily has used services, applies harm exception lawyer’s OR such injury from ONLY to criminal acts) commission of client’s crime/fraud [MR 1.6(b)] Lawyer ONLY [MR Lawyer AND client [CEC Privilege from disclosing 1.6(b)(6)] 954] confidential communications b/w lawyer and client…
Factors considered re: fees (NOT including factors shared by MR and CA, i.e. time/labor required, novelty of issues, etc.)… Customary fee [MR 1.5(a)] Informed consent of client, amount of fee in proportion to value of services, relative sophistication of parties [CRPC 4-200(A)] Fee arrangement in writing… Preferably, w/ basis communicated before OR reasonably after commencement of representation [MR 1.5(b)] Must be if over $1,000, include basis, nature, responsibilities [B&P 6148(a)]… unless client waiver, pre-existing client/ implied waiver, emergency, corporation [B&P 6148(d)] NO contingency fee allowed in… Domestic relations matters (where divorce/alimony/ child support is pending), criminal Ds [MR 1.5(d)] NO such counterpart in CA, BUT still generally followed (domestic relations covered in Family Code) Statement in contingency fee agreement that fee is negotiable b/w lawyer and client… NO such counterpart in MR Required, unless fee is NOT negotiable (i.e. medical malpractice) [B&P 6147(a)(4)] Pro bono service… Lawyer should aspire to render 50 hrs./yr. [MR 6.1] An obligation (NOT a requirement, though some firms may require) Revealing confidential information… If client gives informed consent [MR 1.6(a)]… OR, to prevent reasonably certain death or substantial bodily harm, crime/fraud reasonably certain to substantially injure another’s financial/property interests for which client has used lawyer’s services, OR such injury from client’s commission of crime/fraud [MR 1.6(b)] If client gives informed consent [CRPC OR, to prevent criminal act reasonably believed to likely result in death or substantial bodily harm [CRPC 3-100(B)] (NO crime/fraud exception, AND substantial bodily harm exception applies ONLY to criminal acts) Privilege from disclosing confidential communications b/w lawyer and client… Lawyer ONLY [MR 1.6(b)(6)] Lawyer AND client [CEC 954]
Ethical-Lawyering_Dant-Fall-2008.docx