Successive Representation: Disqualification Counsel is subject to disqualification on a showing he or she actually possesses confidential information adverse to a former client (now on the opposing side) [CRPC Rule 3–310(E); H.F. (1991) 229 Cal.App.3d 1445; (2006) Ahmanson & Co. v. Salomon Bros., Inc. Faughn v. 145 Cal.App.4th 592] Disqualification (cont’d) Disqualification may also be required on a showing of a relationship” between the “substantial former and current representations, so as to create at a potential breach of confidence is the possibility of the breach of confidence, not the fact of an actual breach that triggers “It disqualification.” [Marriage (1993) 16 Cal.App.4th 556, of Zimmerman Knight v. Ferguson (2007) 149 Cal.App.4th 1207] Fees, Fee Agreements, & Billings Ethical Considerations Ethical Issues Regarding Fees, Fee Agreements, Billings . . . General Requirements Statutory Requirements for Fee Agreements Purposes of Written Fee Agreement The form and content of attorney fee agreements are regulated by statute [See B&P C 6146 et seq.] The purposes of these statutes is to protect clients and to ensure that fee agreements are fair and understood by clients [Alderman (1988) 205 Cal.App.3d 1033] v. Hamilton And that clients are informed of and agree to the terms by which the attorneys who represent them will be compensated [Leighton (2017) 8 Cal.App.5th 467] v. Forster Written Fee Agreement Except for contingency agreements, where it is foreseeable” that total expense to “reasonably client (including costs and attorney’s fees) will exceed $1K, agreement must be in writing and include Basis of compensation including, hourly rates, statutory fees or flat fees, and other standard rates, fees, and charges General nature of legal services Respective responsibilities of attorney and client A duplicate conformed copy, signed by both counsel and client, must be given to the client [B&P C 6148(a)] Written Fee Agreement Signed by Client or Representative – a written contract is required It must be signed by the client or the client’s representative or guardian
Successive Representation: Disqualification Counsel is subject to disqualification on a showing he or she actually possesses confidential information adverse to a former client (now on the opposing side) [CRPC Rule 3–310(E); H.F. Ahmanson & Co. v. Salomon Bros., Inc. (1991) 229 Cal.App.3d 1445; Faughn v. (2006) 145 Cal.App.4th 592] Disqualification (cont’d) Disqualification may also be required on a showing of a “substantial relationship” between the former and current representations, so as to create at a potential breach of confidence “It is the possibility of the breach of confidence, not the fact of an actual breach that triggers disqualification.” [Marriage of Zimmerman (1993) 16 Cal.App.4th 556, Knight v. Ferguson (2007) 149 Cal.App.4th 1207] Fees, Fee Agreements, & Billings Ethical Considerations Ethical Issues Regarding Fees, Fee Agreements, Billings . . . General Requirements Statutory Requirements for Fee Agreements Purposes of Written Fee Agreement The form and content of attorney fee agreements are regulated by statute [See B&P C 6146 et seq.] The purposes of these statutes is to protect clients and to ensure that fee agreements are fair and understood by clients [Alderman v. Hamilton (1988) 205 Cal.App.3d 1033] And that clients are informed of and agree to the terms by which the attorneys who represent them will be compensated [Leighton v. Forster (2017) 8 Cal.App.5th 467] Written Fee Agreement Except for contingency agreements, where it is “reasonably foreseeable” that total expense to client (including costs and attorney’s fees) will exceed $1K, agreement must be in writing and include Basis of compensation including, hourly rates, statutory fees or flat fees, and other standard rates, fees, and charges General nature of legal services Respective responsibilities of attorney and client A duplicate conformed copy, signed by both counsel and client, must be given to the client [B&P C 6148(a)] Written Fee Agreement – Signed by Client or Representative a written contract is required It must be signed by the client or the client’s representative or guardian
2017%20AFLC%20Ethics%20Outline.docx