Alabama Disclosure by Letter from Client to Attorney Regarding Division of Fees between Attorneys

State:
Multi-State
Control #:
US-01623BG
Format:
Word; 
Rich Text
Instant download

Description

Without an agreement as to the division of fees, attorneys jointly undertaking to represent a client share equally, and this is true even though one attorney employs another attorney to assist in an action for a contingent fee. But where the client's employment of more than one attorney is not joint, or where separate attorneys render separate services, each is entitled only to the reasonable value of each attorney's services.

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FAQ

(a) A lawyer shall not, without informed written consent* from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.

Client-Lawyer Relationship (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

Rule 1.6 eliminates the two-pronged duty under the former Code in favor of a single standard protecting all information about a client ?relating to representation.? Under DR 4-101, the requirement applied to information protected by the attorney- client privilege and to information ?gained in? the professional ...

If you already represent the client or clients, you should promptly inform them in writing that a potential conflict exists. In order for your client to waive a conflict, consent must be informed. Ensure that any consents you receive are in writing and keep them on file.

ABA Model Rules 1.7 and Rule 1.9 both require that the lawyer disclose the facts and circumstances surrounding the potential conflict to enable the client to make an informed decision concerning the attorney's representation.

Conflict Letter ? this letter may be used by the attorney to notify potential and/or prior clients that a potential conflict of interest exists between the clients that may impact the attorney's representation of one or both of the clients.

However, to go beyond the minimum when pinpointing conflicts, a conflict-checking system needs to capture as much information as possible, including: Client name. Matter number. Case name and number. Co-parties. Insurers and insureds. Plaintiff(s) Defendant(s) Opposing counsel and co-counsel.

California Rules of Professional Conduct. Rule 1.8. 1 specifically outlines that an attorney may not enter into business transactions with a client. In addition, they may not knowingly acquire ownership, possession, security, or any other pecuniary interest in a client.

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Alabama Disclosure by Letter from Client to Attorney Regarding Division of Fees between Attorneys