1.6 Non-Disclosure Exceptions
ACED-LIP
ACED-LIP
The A. Stands for ...
To secure legal advice about the lawyer's compliance with these rules.
What is the anagram we use for 1.16 shall withdrawals?
R.I.D.S.
The D. Stands for ...
the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement.
The C stands for...
The fee customarily charged in the locality for similar legal services
What is the Anagram we use for 1.5 reasonableness factors?
C.O.N.E.F.E.L.T.
The C. Stands for ...
to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services (FUTURE)
The R. stands for ...
the representation will result in violation of the rules of professional conduct or other law.
The O. Stands for ...
The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.
The O stands for ...
The amount involved and the results obtained
What rule governs the communications regarding fee agreements? && what is the rule language.
1.5(b) - The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.
The E. Stands for ...
To establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyers representation of the client.
The I stands for
the lawyers physical or mental condition materially impairs the lawyers ability to represent the client
The G. stands for ...
other good cause for withdrawal exists
The N. Stands for ...
The Nature and Length of the professional relationship with the client
What rule governs contingent fee agreements specifically? && what is the language of the rule.
1.5(c) - A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.
The D. and L. Stand for ...
D. - To prevent reasonable certain death or substantial bodily harm.
L. - To comply with other law or a court order.
The D stands for ...
The lawyer is discharged
The P. and A. Stand for ...
P. - The client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent
A. - withdrawal can be accomplished without material adverse effect on the interests of the client.
The E. and F. Stands for ...
E. - The likelihood that the acceptance of the particular employment will preclude other employment by the lawyer.
F. - Whether the fee is fixed or contingent
What is 1.5(a)
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:
The I. and P. Stand for ...
I. - To detect and resolve conflicts of interest arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.
P. To prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services (PAST);
The S Stands for ...
The client or prospective client seeks to use or persists in using the lawyer's services to commit or further a crime or fraud, despite the lawyer's discussion pursuant to 1.2(d) and 1.4(a)(5) regarding the limitations on the lawyer assisting with the proposed conduct.
The U. and S. stand for ...
U. - The representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client.
S. - the client has used the lawyer's services to perpetrate a crime or fraud.
The L. and T. stand for ...
L. - The time limitations imposed by the client or by the circumstances
T. - The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly.
What is 1.5(e)
A division of a fee between lawyers who are not in the same firm may be made only if:
1. the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation.
2. the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing
3. the total fee is reasonable.