Law firms may also bill for the time a paralegal spends on substantive ___ work under an hourly rate structure, at a lower rate than the attorneys’ rates.
Model Rule 1.5(a) “A lawyer shall not make an agreement for, charge, or collect an __ fee or an __ amount for expenses.”
Describing the factors to be considered in determining whether a fee is ___, including examples of ___ billing, would be a good essay question.
State bars have developed lawyer's ___ programs, which are sponsored programs designed to promote professional competence through wellness management, substance abuse recovery, stress management, and mental health services.
Paralegal fees can under some circumstances be recovered from the ___ party in litigation.
Special rules that
apply to contingency fee agreements include: they are not allowed in criminal nor divorce cases; some statutes put limits on certain kinds of contingency fees; contingency fees must be in writing and the client must ___, stating the percentage to be taken and the method in which the percentage will be determined;
contingency fee agreements must state whether the percentage taken will be based on the net (after costs are paid) or the gross (before);
contingency fee agreements must state how litigation costs and expenses will be calculated and if the client must pay them in the event of a loss.
The attorney and legal professional's ethical duty of truthfulness is described in
Model Rule 4.1 "__ in Statements to Others", and in Model Rule 3.3(a) "Candor Toward the Tribunal." Model Rule 4.1 requires, "in the course of representing a client, a lawyer shall not knowingly:
(a) make a false statement of material fact or law to a third person; or
(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6."
Model Rule 3.3(a) Candor Toward the Tribunal, dictates that lawyer may not "knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(3) offer evidence that the lawyer knows to be false..."
A lawyer who works on a contingency (contingent) fee method of compensation for legal services receives a ___ of their client’s monetary award as compensation rather than billing a fixed hourly rate.
A law office must keep the client’s money (e.g., advance payments, or settlement checks) in a client ___ account, which must be kept completely separate from the lawyer’s or law firm’s money.
ABA Model Rule 1.5 (b) requires early communication with the client regarding fees, stating “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, ___ or within a reasonable time after commencing the representation...."
Another factor impacting competence is professionalism, which means that
one's conduct and communication must demonstrate competence as well as ___ for one’s self and others. Along with ___, this factor requires civility, and effective time management.
One cause of a lack of professionalism is when attorneys take on too many cases, more than they can handle.
Another type of professionalism problem is when attorneys engage in personal misconduct that impacts their professional life.
After years of requests from members of congress, groups of law professors, the ABA, and many other members of the public, the ___ finally formally adopted in November 2023 a set of ethical rules called "CODE OF CONDUCT FOR JUSTICES OF THE ___ OF THE UNITED STATES."
In Caperton v. A.T. Massey Coal Co. (2009) the U.S. Supreme Court held that Judge Benjamin’s failure to recuse himself from a case violated the ___ Process Clause of the 14th Amendment where the judge had received large campaign contributions from, and through the efforts of, the respondent corporation's CEO.
ABA Model Rule 3.5 prohibits ___ communication, which is communicating with a judge, juror, or prospective juror in the absence of the other party or that party’s attorney. ___ communication is forbidden as a matter of fundamental fairness.
A cause of action for legal ___ based on negligence has four elements:
1) A duty owed by the defendant to the plaintiff
2) A breach of that duty, shown through a failure to exercise reasonable care (what a reasonable lawyer would have done) 3) Losses suffered by the plaintiff
4) Causation (a direct, foreseeable link between the defendant’s negligent conduct and the plaintiff ’s losses).
The terms "___" and "retainer" in reference to a legal case are not synonymous. A(n) ___ is a prepayment for future legal services, a prepayment of legal fees before they have been earned. An ___ is
earned as the lawyer works, so is subject to being refunded, at least in part, in the event that the lawyer-client relationship terminates before the lawyer’s billable time has equaled the amount of the ___. If a lawyer fails to return the unearned portion of an ___ fee, sanctions can range from suspension to disbarment.
In contrast, a retainer
is a payment made to secure a lawyer’s availability, earned simply by the lawyer agreeing to be totally available to work on the client’s matter.
A general retainer can be nonrefundable as it is not a prepayment of the lawyer’s future services. (Some jurisdictions require clear explanations about this fact, or require them to be refundable.)
Some jurisdictions are starting to reject nonrefundable retainers on public policy grounds.
Contingency fees are particularly common in personal ___ cases. They are also used in tax appeals, civil rights cases and other cases where the outcome of the damages is unknown.
The percentage usually increases as the lawyer’s efforts for recovery increase. For example, a lower percentage is charged if the case settles prior to trial, a higher percentage if the case requires a trial, and an even higher percentage if winning the case requires an appeal.
The anti-___ rule prevents an attorney (and by extension any member of their legal team) from having ___ concerning a legal matter with a person who is represented by counsel in that legal matter.
Only ___ can accept cases and set fees.
The consequences of ex parte communication are severe, and can include a ___, or a reversal on appeal, ethics charges, and/or sanctions.
Factors that go into a law office’s determination of its attorneys’ hourly ___ include: the
type of law being practiced;
in-court litigation rates, vs. out-of-court rates; experience level and reputation of the lawyer; and
geographical location, as lawyers in larger metropolitan areas generally charge more than their counterparts in smaller cities due to such factors as the cost of commercial rent and cost of living.
The Code of Conduct for United States Judges consists of five basic principles: ___ 1, A Judge Should Uphold the Integrity and Independence of the Judiciary;
___ 2, A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities; ___ 3, A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently; ___ 4, A Judge May Engage in Extrajudicial Activities That Are Consistent With the Obligations of Judicial Office; and ___ 5, A Judge Should Refrain From Political Activity.
Where is my puzzle?