Dating client ethical
Rule 1.0 defines various terms used in Rules 1.7 and 1.8 as follows: Confirmed in Writing “Confirmed in writing” denotes (i) a writing from the person to the lawyer confirming that the person has given consent, (ii) a writing that the lawyer promptly transmits to the person confirming the person's oral consent, or (iii) a statement by the person made on the record of any proceeding before a tribunal. It may be easier to obtain waivers of conflicts in a non-litigation context than in the context of litigation. (“[A] lawyer may represent one client in a transaction with a concurrent client in another matter, with disclosure and informed consent, so long as a ‘disinterested lawyer would believe that the lawyer can competently represent the interests of each.’ A lawyer may also represent multiple parties in a single transaction where the interests of the represented clients are generally aligned or not directly adverse, with disclosure and informed consent, so long as the ‘disinterested lawyer’ test is satisfied. .”).1 A lawyer's possession of confidential information of one client that may be relevant to a matter the lawyer is handling for another client does not automatically create a conflict of interest. The following discussion pertains to lawyers in private practice only. This situation requires examination of the lawyer’s involvement in the prior law firm’s representation of the former client in order to determine whether the former client’s informed consent is necessary to permit the lawyer and/or her new firm to continue representing a current client or to undertake the representation of a new client. Where a successive representation is permitted, certain obligations to a former client remain. Y.2d 631, 637-38 (1998) (noting exception to client information that is generally or publicly known under former DR 5-108(A)(1).) The prohibition against use of confidential information remains fully applicable even if the lawyer is able to use the information without disclosing it to others. When a client fails to pay its legal bills, may a lawyer withdraw from the representation, and if so, how? The requirement that the client "deliberately disregard" an obligation to pay fees and expenses means that the failure must have been conscious, not inadvertent, and not de minimis in either amount or duration. In addition, when a client has a bona fide dispute with her lawyer regarding the amount of the fees due and owing, some courts have suggested that the dispute should not be regarded as a deliberate disregard of the client's obligations. If it is not feasible to obtain or transmit the writing at the time the person gives oral consent, then the lawyer must obtain or transmit it within a reasonable time thereafter. Satisfaction of the ‘disinterested lawyer’ test in a non-litigation context will depend on an evaluation of the circumstances of the simultaneous representations. The existence or absence of a conflict will depend on whether the lawyer is able to avoid using one client’s confidential information in the representation of another client and whether possession of that information may reasonably affect the lawyer’s independent professional judgment in the representation of the other client. Rule 1.11 governs conflicts involving government lawyers and should be consulted for guidance in addressing conflicts in those circumstances. Under Rule 1.9(c)(2), a lawyer may not reveal confidential information of the former client protected by Rule 1.6 except as the Rules otherwise permit or require with respect to a current client. Can the lawyer retain the file until the bills are paid? A lawyer generally may withdraw from the representation when the client fails to pay the lawyer's fees, but must take steps to the extent reasonably practicable to avoid foreseeable prejudice to the rights of the client. In litigation proceedings, court rules commonly require consent of court before withdrawing.
3379/04, 2004), available at 2004 WL 2624612 (“[d]isputing the amount owed is not a refusal to pay”). Where withdrawal is permitted, the Rules provide that upon termination of representation, a lawyer shall take steps, to the extent reasonably practicable, to avoid foreseeable prejudice to the rights of the client, including giving reasonable notice to the client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, promptly refunding any part of a fee paid in advance that has not been earned and complying with applicable laws and rules. Further, in litigation matters, permission of court is required as a matter of course under applicable rules of procedure, seee.g., N. In addition, as noted above, the “of counsel” title must not be false or misleading in other respects. 1995-8 (“sharing of space and availability for consultation on a regular basis are strongly indicative of the requisite closeness of relationship, but not conclusive absent closeness, regularity and a personal dimension in the relationship”). The answers provide only an introduction to the topics discussed. Rule 1.7(a) provides in pertinent part that except as permitted by Rule 1.7(b) (discussed below), “a lawyer shall not represent a client if a reasonable lawyer would conclude that . Even when two or more clients have “differing interests,” the affected clients may be able to waive the conflict and consent to the attorney’s simultaneous representation. An attorney-client relationship is established when there is an explicit undertaking to perform a specific task. D.3d 94, 99 (1st Dep't 2008)) (second alteration in original). The Individual Lawyer's Role in the Prior Matter If both the “substantially related” and “materially adverse” prongs are satisfied, a lawyer must next consider the extent of her involvement or connection to the prior matter. To obtain the informed consent required by the rule, a lawyer must adequately explain to the former client "the material risks of the proposed course of conduct and reasonably available alternatives.” Rule 1.0(j). Before taking any action, a lawyer should conduct more extensive research, consulting at a minimum relevant court decisions, the Committee’s formal opinions, and the opinions of the Professional Ethics Committees of the New York State Bar Association, the New York County Lawyers' Association, and the Nassau County Bar Association. Such waiver and consent are effective if three conditions are met: Rule 1.7(b). While the existence of the relationship is not dependent upon the payment of a fee or an explicit agreement, a party cannot create the relationship based on his or her own beliefs or actions'." Id. The second inquiry is whether the current and prior representations involve the same or a “substantially related matter.” See Rule 1.9(a), 1.9(b). Pursuant to Rule 1.9(a), where the lawyer herself has represented the former client, she may not take on the new matter unless the former client “gives informed consent, confirmed in writing.” Moreover, pursuant to Rule 1.10, Imputation of Conflicts of Interest, no lawyer associated with the conflicted lawyer may accept the engagement. Confirmation in writing must be obtained or transmitted “at the time the person gives oral consent” or “within a reasonable time thereafter.” Rule 1.0(e). 1975) ( construing the predecessor rule; the test differentiates between "lawyers who become heavily involved in the facts of a particular matter and those who enter briefly on the periphery for a limited and specific purpose relating solely to legal questions."). See Rule 1.16(d) ("If permission for withdrawal from employment is required by the rules of a tribunal, a lawyer shall not withdraw from employment in a matter before that tribunal without its permission.
“Because the retaining lien is such a powerful weapon, both ethics committees and courts have placed limitations on the circumstances in which it can be exercised.” N.
1984) (counsel could not withdraw at least until dispute over coverage decided); Turzio v.
1982) (insurance company insolvent, lawyer permitted to withdraw). Upon termination of the attorney-client relationship, where no claim for unpaid legal fees is outstanding, the client is presumptively accorded full access to the entire client file, with narrow exceptions.
In deciding whether to use the “of counsel” title, lawyers and law firms should give due consideration to the policies underlying the relevant ethics opinions and rules – namely to protect the public from being misled about the relationship between the law firm and the of counsel attorney.
By using the “of counsel” designation, both the law firm and the lawyer are conveying to the public that the lawyer’s continuing relationship with the firm is close, regular, and personal.
is entitled to receive"); Rule 1.8(i)(1) (charging liens permitted).