attorney who associates in outside counsel not required to disclose fees

What are the exceptions to the confidentiality rule?

Most of the mandatory exceptions to confidentiality are well known and understood. They include reporting child, elder and dependent adult abuse, and the so-called "duty to protect." However, there are other, lesserknown exceptions also required by law. Each will be presented in turn.

Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client?

(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).

Are referral fees ethical?

They are basically endorsements. So many attorneys avoid referral fees altogether to avoid potential ethical issues -- such as referring cases based on financial considerations rather than client interests.Jul 17, 2017

Which of the following best describes the general rules about client funds?

Which of the following best describes the general rules about client funds? Client funds should be deposited into the client trust account and then dispersed to the client and others who are entitled to a portion of the money.

What is rule of confidentiality?

Further, under section 129 of the Act, no one shall be compelled to disclose to the court any confidential communication that has taken place between him or her and his or her attorney, unless they have offered themselves as a witness, in which case they may be compelled to disclose any communication as may appear to ...May 8, 2019

Are client names confidential?

"In most situations, the identity of a client is not considered confidential and in such circumstances Attorney may disclose the fact of the representation to Prospective Client without Witness Client's consent." Citing to Los Angeles County Bar Association Professional Responsibility and Ethics Committee Op.Mar 14, 2018

Can lawyers pay referral fees to non lawyers Florida?

Can Attorneys Accept Referral Fees from Non-Lawyers? The Florida Rules of Professional Responsibility do not authorize a lawyer to give anything of value to a non-lawyer in return for recommending that attorney's legal services.Oct 10, 2019

Can California Attorneys pay referral fees?

The California rule is one of a minority of states that permits a “pure referral fee,” i.e., California permits lawyers to be compensated for referring a matter to another lawyer without requiring the referring lawyer's continued involvement in the matter.

What is a fee sharing agreement?

California currently permits unaffiliated attorneys to share fees in connection with a given matter, including the payment of fees for referring a client to another lawyer.

What are the requirements for a client's consent What should a lawyer disclose in a letter to a client regarding a potential conflict?

In obtaining the client's informed consent to the conflict, the lawyer should advise the client concerning the nature and extent of the lawyer's financial interest in the appointment, as well as the availability of alternative candidates for the position.

Which of the following may not be protected under the attorney-client privilege?

Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime. Correct!

What is it called when lawyers take clients money just to keep it?

"Client Trust" or "Escrow" Accounts The client trust or escrow account is usually just a separate bank account that is opened and maintained by the attorney or firm, and which is dedicated solely to money received from and intended for clients.Apr 9, 2015

What is outside counsel required to do?

Outside counsel representing the State are expected to maintain malpractice insurance coverage that is reasonable and prudent in relation to the types and sizes of matters handled. Outside counsel shall, upon request, promptly provide the Designated Attorney with copies of any applicable policies required under this section, and/or a certificate of insurance. Each policy provided must be certified by the agent or underwriter to be a true copy. If outside counsel does not have coverage or if coverage is cancelled and not immediately replaced with comparable coverage, outside counsel must immediately report this to the Designated Attorney.

What is an outside attorney?

Outside attorneys engaged to represent a particular State entity (as opposed to a named person) should consider themselves to have formed an attorney-client relationship only with that entity, and not any of its individual employees. When speaking with current or former employees of the client entity, outside counsel should, as appropriate, advise those employees that although their dialogue will be considered attorney-client communications to the fullest possible extent, counsel’s responsibility is to the client entity and they do not represent those employees in their individual capacities. As a matter proceeds, if employees of a client entity will be examined under oath or interviewed in other adverse contexts, and if outside counsel believe it advisable for them to represent the employees in their individual capacities at such events, outside counsel must obtain the Designated Attorney’s advance consent before agreeing to represent such persons in their individual capacities. The Designated Attorney, in consultation with other Division personnel, will determine if it is appropriate for the individual to receive representation and, if so, by whom.

What format do I send invoices to counsellink?

When necessary, we will accept invoices, in other formats, including e-mailing a .PDF or ASCII invoice, mailing a diskette or mailing a white paper invoice.

What information does an outside attorney need to be protected?

Outside counsel must have in place appropriate procedures to ensure the protection of all such information. In the event the representation requires outside counsel to become privy to protected personally-identifiable information about any person, such as health or financial records, Social Security numbers or other such information, then this information must be handled with the utmost care both within facilities in outside counsel’s control, and certainly when that information is being transported. Under no circumstances should such confidential information be transported outside your offices--either physically or over the public internet--unless the information is appropriately encrypted. In the event information is compromised or potentially compromised, outside counsel must notify the Division immediately.

What is the responsibility of an outside counsel?

It is outside counsel’s responsibility to discuss with the Designated Attorney all questions concerning the application of these Guidelines before proceeding on a course of action not specifically authorized by the Guidelines. The Designated Attorney has authority to modify or waive Guidelines impacting the conduct of a matter, but not to modify or waive Guidelines related to billing except as explicitly specified herein. If an exception to other billing aspects of any Guidelines is deemed necessary by outside counsel, a request must be submitted and approval must be obtained from the Director of the Division of Law or his/her designee. If the Director has authorized the Designated Attorney to make a billing-related exception beyond the Designated Attorney’s normal authority, the Designated Attorney shall affirm that authorization in a writing to the Relationship Attorney, copied to the Director.

What is an early case assessment?

In any matter where the legal costs or exposure may be substantial (i.e., where $250,000+ is at stake or the prospect exists of significant injunctive relief), the State may ask that you provide an early case assessment that includes analysis of (1) likely costs to the State from the process, (2) possible outcomes, indicating the likelihood of each, and (3) strategy and tactics for termination or resolution. The format of the early case assessment may vary from a formal written document to a verbal briefing or a combination of a written budget with a verbal briefing on other aspects of the case. You should discuss the most desirable format with the Designated Attorney when you are requested to prepare an early case assessment.

How long does an outside counsel retain a deposition transcript?

For Litigated Matters: Outside counsel shall retain pleadings, correspondence, discovery materials, deposition transcripts and similar documents and work product for a period of no less than seven (7) years from the date the matter is concluded or for the time period specified by rule or law in the jurisdiction in which the matter was pending, whichever is longer. Beyond this period, outside counsel shall notify the Division in writing no less than sixty (60) days prior to destroying any file. Along with the written notification, outside counsel shall submit an inventory of any original State documents contained in the file to be destroyed and a representation that any electronic version of the file will also be destroyed or deleted.

What happens if a defense attorney objects to fees?

If the defense attorney objects to fees, stating that the time spent by the claimant’s attorney in the prosecution of his client’s claim was not reasonable, then the defense counsel’s invoices should be discoverable. The parties should be able to make arguments after all the cards are on the table.

What is attorney fees?

Attorney fees are heavily disputed in Defense Base Act and Longshore and Harbor Workers’ Compensation Act claims. In most cases, the injured worker’s fees shift from the worker to the employer and carrier. When fees shift, then the employer and carrier must pay the worker’s attorney. See 33 U.S.C. § 928. That’s where the arguments start.

What is attorney client privilege?

The attorney-client privilege is a legal concept that protects certain communications between a client and his or her attorney, and prevents the attorney from being compelled to testify to those communications in court.

What is the argument that an attorney spent too much time on a claim?

Employers and carriers may argue that the attorney spent too much time on the file (i.e., that attorney spent an unreasonable amount of time litigating their claimant’s case).

Should a defense attorney disclose hours billed?

Some have suggested that defense attorneys should disclose the hours that they billed while defending a claim before attacking the hours that an injured worker’s attorney spent working on the claim.

What is the rule for a lawyer to accept a referral fee?

Although many While the “joint responsibility” provision may allow a lawyer to accept a “referral fee” even if the lawyer performs no work, such fees come at a cost. As a comment to the rule notes, “joint responsibility ” means financial and ethical responsibility for the representation as if the lawyers were associated in a partnership.” Rule 1.5, Cmt. 7. That means that, if the lawyer accepts the fee, the lawyer may also be jointly responsible

What are the ABA model rules of professional conduct?

At their outset, the ABA Model Rules of Professional Conduct (referenced herein throughout as the “Model Rules” or, individual, the “Rule”) require lawyers to serve their clients with competence (Rule 1.1), diligence (Rule 1.3) and loyalty – requiring them to avoid, or at least disclose, ways in which the attorney’s interests may conflict with those of the client. See, generally, Model Rules 1.6-1.8. The attorney-client relationship is also commercial, with the attorney typically entitled to demand payment from the client for services rendered. That commercial relationship inherently creates the potential for conflict. No matter how much the client may appreciate the attorney’s work, it would always be in the client’s best interests to avoid paying for it. Similarly, as much as the attorney may be motivated by genuine respect and admiration for the client, the attorney could always be paid more.

What is Rule 1.5?

Under Rule 1.5(a) a lawyer may not “make an agreement for, charge, or collect an unreasonable fee.” By its terms, the rule requires reasonableness to be assessed not only at the time the fee agreement is entered, but also when attorneys bill for services or attempt to collect the fees they are owed by the client. It is therefore possible to violate Rule 1.5 if an attorney seeks to enforce a fee agreement that, while reasonable at the time, was rendered unreasonable by subsequent events. For example, in In re Gerard, 132 Ill.2d 507, 548 N.E.2d 1051 (1989), a lawyer was found to have violated Rule 1.5 after charging a contingency fee based on the value of account assets located for an elderly client. While, at the time the lawyer had been hired, the client had believed accounts were being wrongfully withheld from him, in fact the accounts were not the subject of any adverse claim, but were turned over willingly by the banks holding them once they learned of the client’s whereabouts – requiring little in the way of attorney professional services. More generally, fees are frequently found to be unreasonable when the lawyer does not perform competent work, or neglects a matter, but nevertheless seeks to be paid the full fee for which he or she has contracted. See, e.g., Attorney Grievance Comm'n of Maryland v. Garrett, 427 Md. 209, 224, 46 A.3d 1169, 1178 (2012); Rose v. Kentucky Bar Ass'n, 425 S.W.3d 889, 891 (Ky. 2014).

What makes an attorney valuable?

The very factors that make attorneys’ services valuable – their knowledge of the law and the specialized training that leads their clients to place trust in them – lead to special scrutiny of attorneys’ payment relationships. The attorney-client relationship is a fiduciary relationship and, just as in other fiduciary relationship, the attorney’s dealings with the beneficiary – the client – are subject to special legal scrutiny. As one Illinois court has put it: The law places special obligations upon an attorney by virtue of the relationship between attorney and client. Those obligations are summed up and referred to generally as the fiduciary duty of the attorney. They permeate all phases of the relationship, including the contract for payment.

Why do attorneys use retainers?

Attorneys commonly use retainers to secure payment of their legal fees and costs. The word “retainer,” however, has a variety of different meanings – and those different meanings result in different application of the relevant ethical rules.

Can a lawyer charge an unreasonable fee?

A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:

What is outside counsel in Emory?

When a matter is covered by one of Emory’s insurance policies, outside counsel may be bound by the reporting and other requirements of the insurance carrier. If a matter is covered by an Emory insurance policy, and Emory has satisfied its retention, if any, outside counsel shall work directly with the carrier or its representative, and will look only to the insurance carrier or its representative for payment of fees and expenses. Outside counsel and inside counsel should work together to ensure that outside counsel are aware of all such arrangements.

How often should an outside counsel report to Emory?

The first report should be made no more than two months after outside counsel begins work on the matter, and subsequent updates should be made no less frequently than quarterly, and may be incorporated in the monthly billing process. For cases in which Emory is a defendant, the initial report should include a discussion of the factual bases for, and the strengths and weaknesses of, the allegations against Emory and the defenses available to Emory, as well as a preliminary strategy for the defense of the matter and a preliminary evaluation of the potential exposure faced by Emory. Outside counsel should also discuss the desirability, likelihood, and potential range of settlement.

What is the role of Emory outside counsel?

At the outset of the engagement, Emory and lead outside counsel will together designate a specific lawyer within the law firm who will be chiefly accountable for the conduct of the engagement. That lawyer should be personally and directly involved in the representation and is responsible for assuring that Emory’s objectives are met with respect to the engagement. The lead inside counsel must approve all members of the team handling the matter, as well as any subsequent changes to the team. Once the team is established, Emory expects continuity of staffing for the duration of the engagement, absent extraordinary circumstances.

Does Emory reimburse outside counsel?

Emory will reimburse outside counsel for actually incurred out-of-pocket expenses with no mark-up, provided those expenses are reasonable. Disbursements and charges, other than fees based on hourly rates, must be itemized. Each should be described in sufficient detail so that there is no question of the nature of the expense involved or the reason for it. Payments to court reporters, expert witnesses, outside contractors and others must identify the recipient by name. Emory expects outside counsel to use its best efforts to minimize reimbursable out-of-pocket costs both by avoiding unnecessary expenditures and by selecting competitively-priced vendors and service providers.

What does OCA expect from outside counsel?

Before OCA contracts with outside counsel, OCA expects a commitment with respect to the attorneys who will be representing the City. If it later becomes necessary to substitute an attorney or add additional attorneys, outside counsel must receive prior approval before doing so. Significant roles should not be given to other attorneys without OCA's prior concurrence.

Who has the ultimate responsibility for managing every legal matter affecting the City of Oakland?

It is the policy of OCA that the City Attorney has the ultimate responsibility for managing every legal matter affecting the City of Oakland. All strategic and tactical decisions must be approved in advance by the responsible in-house attorney.

What is an OCA conflict?

OCA will generally waive conflicts where no issues of significant City policy are involved and where there is no connection between matters in which outside counsel has represented the City and matters in which outside counsel has been retained by other clients. Whenever OCA waives a conflict the waiver will be conditioned on written agreement from the other client that it will not object to outside counsel representing the City in any pending or future matter.

What is the Oakland City Attorney?

The Office of the Oakland City Attorney (OCA) is responsible for providing all legal services for the City of Oakland and Oakland Redevelopment Agency, as well as all City boards and commissions and certain joint powers authorities . The City Attorney retains outside counsel for three types of matters I cases: (1) cases that require specialized expertise that our office does not have in-house; (2) cases that present conflict of interest issues; and, (3) cases that we cannot handle due to lack of capacity due to reductions to the City Attorney's Office budget. The City of Oakland engages Outside Counsel only through the Office of the City Attorney.

Do you need separate bills for each matter?

Separate bills/invoices are required for each specific matter. Absent an express agreement to the contrary, bills/invoices must be submitted monthly, unless another arrangement is agreed to in advance, or unless the matter is inactive.