Massachusetts 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 lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Rule Prof. C. 4.4(b) states as follows: A lawyer who receives a document or electronically stored information relating to the representation of the lawyer's client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall promptly notify the sender.

[17] Under Rule 1.17, a lawyer may sell all or part of the practice. [18] A law practice may be transferred and acquired without the necessity of consideration, and the client's consent referred to in Rule 1.17(c)(3) is only to the transfer of that client's representation.

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.

Rule 1.16 - Declining or Terminating Representation (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of the rules of professional conduct or other ...

Rule 3.4(e) provides: ?A lawyer shall not . . . present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.? Rule 3.4(e) is the same as its predecessor, New York Disciplinary Rule (?DR?) 7-105(A).

Applicable law may permit a lawyer to take temporary possession of physical evidence of client crimes for the purpose of conducting a limited examination that will not alter or destroy material characteristics of the evidence.

The paramount principle enshrined in Rule 1.14 is that, notwithstanding any concerns over a client's diminished capacity, the lawyer must maintain as normal an attorney-client relationship as is reasonably possible.

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