14 terms

Florida Professional Conduct Rules

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Factors considered when determining the reasonableness of a fee
time and labor involved; novelty and difficulty of the questions involved; requisite skill; the interference with other employment by the lawyer; the customary fee within the locality for similar work; the amount involved and the result obtained; the nature and length of the relationship between the parties; the experience, ability and reputation of the attorney; and time limitations by the client or circumstances
Referral Fees
Unethical and prohibited
Contingent Fees Prohibited
Family Law and Criminal Cases
Contingent Fees
Allowable amounts depend on whether the case is setled before or after the answer is filed, the trial is on damages only, or a notice of appeal is filed
Approved Percentage for Contingent Fees
15% to 40%
Conflict of Interest
The lawyer must reasonably believe that such representation will not adversely affect the lawyer's relationship with either client, and obtain each client's consent after disclosure of the possible conflict.
Prohibited Representation
An attorney who has represented a client on a matter must not thereafter represent another client int he same or substantially related matter in which the client's interests are materially adverse.
Communication with Represented Persons
An attorney is prohibited from communicating with a person who is the subject of litigation, which the attorney knows to be represented by counsel, unless that person's counsel grants permission to do so.
Client Fraud
An attorney must not help his client commit fraud, and must withdraw from representation if the client has used the lawyer's services to perpetuate a crime of fraud, or if the client persists in a course of action involving the lawyer's services and the lawyer reasonably believes is criminal or fraudulent
Attorney Testiomy
A lawyer cannot represent a client in a litigation where the lawyer is likely to be a necessary witness.
Attorney Testimony Allowed
A lawyer can ethically testify in a client's trial regarding uncontested matters, matters of formality, nature and value of legal services, and if the lawyer needed to testify and the lawyer's withdrawal would create a substantial hardship to the client
Solicitation
A lawyer may not solicit employment from a prospective client with whom the lawyer has no family or professional relationship. There is a 30 day waiting period before written communications are permitted in cases involving personal injury, wrongful death or disaster.
Prohibited Transaction
A lawyer must not enter into a business transaction with a client or knowingly acquire an ownership or other pecuniary interest adverse to a client.
Third Party Payments
A lawyer may not accept fees from a 3rd party for representing the client unless (1) the client gives written, informed consent, (2) the 3rd party does not interfere with the lawyer's independent or the the representation of the client and (3) the arrangement does not compromise the client's confidential information