17 terms

Florida Professional Responsibility

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With certain exceptions, an attorney who ____________________ that another lawyer has committed a violation of the Rules of Professional Conduct that raises a ____________________ question as to that lawyer's honesty or fitness as a lawyer in other respects MUST inform the appropriate professional authority.
Knows; Substantial
After a lawyer settles a matter for his client, the lawyer and client have a dispute over a portion of the settlement funds. What must the lawyer do, pending resolution of the dispute?
Separate the disputed portion of the funds, AND distribute the undisputed portion to the client
A lawyer must NOT represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, or law clerk to such a person, or as an arbitrator, unless:
ALL parties to the proceeding give informed consent, confirmed in WRITING
A lawyer who formerly represented Former Client in a matter may NOT thereafter represent Current Client adverse to Former Client in:
The SAME or SUBSTANTIALLY RELATED matter UNLESS the Former Client consents in writing
Under the Florida Rules, when will a lawyer be subject to discipline for engaging in consensual sexual conduct with a client?
ONLY if the sexual relationship exploits OR adversely affects the attorney-client relationship
What MUST occur before a lawyer may make an agreement with a client prospectively limiting the lawyer's malpractice liability?
The client must be ACTUALLY represented by independent counsel
When may a lawyer advance court costs or litigation expenses to a client?
(i) The representation is based on a contingency fee -OR-
(ii) The client is indigent
In a contingency fee agreement representation, MUST the client be indigent for the lawyer to have the ability to advance court costs and litigation expenses?
NO - under a contingency fee arrangement, the financial situation of the client is irrelevant
A concurrent conflict of interest exists when:
(i) The representation of a client will be directly adverse to the interests of another client; -OR-
(ii) There is a ____________________ that the representation of a client will be ____________________ by the lawyer's personal interests or by his responsibilities to another client, former client, or third person.
Substantial Risk; Materially Limited
When does a concurrent conflict of interest exist?
(i) The representation of a client will be directly adverse to the interests of another client; -OR-

(ii) There is a substantial risk that the representation of a client will be materially limited by the lawyer's personal interests or by his responsibilities to another client, former client, or third person.
May a Florida lawyer refer to past results in an advertisement?
YES - provided they are objectively verifiable
Does telephoning a potential client and offering to provide legal representation at NO charge violate the Florida Rules?
NO - the lawyer is NOT seeking pecuniary gain
Does telephoning a potential client and offering to provide legal representation at a reduced rate violate the Florida Rules?
YES - a lawyer MUST NOT solicit professional employment when a significant motive is the lawyer's pecuniary gain.

[Exception: When the potential client is a family member, current client, or former client]
When can a lawyer personally solicit professional employment directly to a potential client?
When the potential client is a
(i) family member,
(ii) current client, -OR-
(iii) former client
Despite a concurrentconflict of interest, a lawyer may undertake a representation if ALL of the following conditions are satisfied:
(i) The lawyer reasonably believes that he can competently and diligently represent each affected client;
(ii) The representation is NOT prohibited by law;
(iii) The representation does NOT involve the two clients suing each other in a matter where the lawyer represents BOTH clients; -AND-
(iv) EACH client gives informed consent in WRITING (or on the record)
Under what circumstances may a lawyer engage in a business transaction with a client?
(i) Deal is fair and reasonable to the client;
(ii) Deal is in writing;
(iii) Client is given reasonable opportunity to get independent counsel;
(iv) Client consents in *writing(

NOTE: Client must only be given a reasonable opportunity to get independent counsel. It does NOT mean that he must ACTUALLY* be represented by independent counsel
For what types of cases are contingency fee agreements PROHIBITED?
(i) Cases contingent upon the granting of a divorce, alimony, or child custody -AND-
(ii) Criminal cases