Legal Ethics Review: Common Problems · Confidentiality Technology considerations ... Legal Ethics...
15
LAWYER REGULATION REVIEW: COMMON PROBLEMS AND HOW TO AVOID THEM. Chip Mortimer Deputy Regulation Counsel 303-928-7783
Transcript of Legal Ethics Review: Common Problems · Confidentiality Technology considerations ... Legal Ethics...
LAWYER REGULATION REVIEW: COMMON
PROBLEMS AND HOW TO AVOID THEM.
Chip Mortimer
Deputy Regulation Counsel
303-928-7783
FORMATION OF THE ATTORNEY-CLIENT
RELATIONSHIP
Prospective clients – 1.18
The test – subjective belief based on
reasonable criteria
ENGAGEMENT LETTERS
Specify Scope
Discuss the way you do things
Arbitration?
Termination letters
FEES AND FEE AGREEMENTS
Fees and costs must be reasonable – 1.5(a)
Written statement – 1.5(b)
Special cases – People v. Feather
No referral fees
No nonrefundable fees/retainers
SPECIAL FEE AGREEMENTS
Flat fees must be administered properly
Contingent fees must be administered properly
MODIFICATION OF FEE AGREEMENT
1.8 implicated?
Security?
SYSTEMS
Conflicts data base
File systems
Tickler systems
Communication systems
Supervision and file review
Confidentiality
Technology considerations
Resources
FUNDS HANDLING
Required accounts
Required records
How to manage
Liens
CANDOR
To clients
To courts
To third parties
HANDLING DOCUMENTS
Inadvertent disclosure – 4.4(b) and (c)
Medical records
Subpoenas - New Rule 45
TERMINATION
Rule 1.16
When and why?
Can’t limit client’s right
You’re in until you’re out
Protect client’s interests
PRIVATE CONDUCT
Criminal conduct, including dui and domestic
violence
Dishonesty
Child support
TRAPS
Conflicts evaluation must be reasonable
Don’t give your opinion
Don’t rely on district court orders
CONFLICTS
The general rule – 1.7
Specific prohibited transactions - 1.8
Former clients
MOST IMPORTANTLY
Communicate and treat clients with respect
