|
|
- Ferdinand Dixon
- 8 years ago
- Views:
Transcription
1 Ethical Rules Applied to Contract and Settlement Negotiations ACC Houston November 13, 2012 Charlie Meacham Samantha Trahan Bass Wallace, Jr.
2 ACC Houston 11/13/12 2 Let s Start with Some Rules Texas Disciplinary Rules of Professional Conduct Texas Lawyer s Creed ABA s Model Rules of Professional Conduct ABA Section of Litigation Ethical Guidelines for Settlement Negotiations International Bar Association Principles Council of Bars and Law Societies of Europe (CCBE) Code of Conduct Texas-Mexico Bar Association International Lawyer s Creed
3 ACC Houston 11/13/12 3 It s not my fault. During settlement negotiations, you offer to settle by paying $650,000. The mediator returns with a mediation agreement listing $605,000. Do you correct the amount? Mediator mistakenly conveyed $605,000. Mediator mistyped the form agreement.
4 ACC Houston 11/13/12 4 ABA practical, user-friendly guide During settlement negotiations and in concluding a settlement, a lawyer is the client s representative and fiduciary, and should act in the client s best interest and in furtherance of the client s lawful goals. A lawyer s conduct in negotiating a settlement should be characterized by honor and fair-dealing. ABA Section of Litigation Ethical Guidelines for Settlement Negotiations
5 ACC Houston 11/13/12 5 A lawyer shall treat client interests as paramount, subject always to there being no conflict with the lawyer s duties to the court and the interests of justice, to observe the law, and to maintain ethical standards. A lawyer shall at all times maintain the highest standards of honesty, integrity and fairness towards the lawyer s clients, the court, colleagues and all those with whom the lawyer comes into professional contact. It is also true that there are different standards expected towards the client, the court or a professional colleague since the lawyer has different responsibilities towards each category. International Bar Association Principles on Conduct for the Legal Profession
6 ACC Houston 11/13/ lawyers Mr. tests positive for a deadly STD Mr. sends a demand letter to Ms. Ms. suggests their lawyers meet Mr. confides in his lawyer that his tests were false-positives. Mr. requests his lawyer keep quiet. Art Hinshaw and Jess K. Alberts, Attorney Negotiation Ethics: An Empirical Assessment
7 ACC Houston 11/13/12 7 Do you keep quiet? 62% would not agree to the client s demand Personal integrity Violation of professional conduct 19% would agree Protected attorney-client privilege Specific client request No affirmative duty to inform opposing party
8 ACC Houston 11/13/12 8 A lawyer shall not assist or counsel a client to engage in conduct that the lawyer knows is criminal or fraudulent. When a lawyer has confidential information clearly establishing that a client is likely to commit a criminal or fraudulent act that is likely to result in substantial injury to the financial interests or property of another, the lawyer shall promptly make reasonable efforts under the circumstances to dissuade the client from committing the crime or fraud. Texas Disciplinary Rules of Professional Conduct
9 ABA 4.1 Truthfulness in Statements to Others ACC Houston 11/13/12 9 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.
10 ACC Houston 11/13/12 10 Materiality depends False statement of law False statement of material fact Know its false Intend to mislead Opinion / Conjecture Estimates of prices or value Intentions as to an acceptable settlement Identification of the principal Texas Disciplinary Rules of Professional Conduct
11 ACC Houston 11/13/12 11 If a client directs the lawyer to act, in the context of settlement negotiations or in concluding a settlement, in a manner the lawyer reasonably believes is contrary to the attorney s ethical obligations or applicable law, the lawyer should counsel the client to pursue a different and lawful course of conduct. If a mutually agreeable and proper course of action does not arise from the consultation, the lawyer should determine whether withdrawal from representing the client is mandatory or discretionary, and should consider whether the circumstances activate ethical obligations in addition to withdrawal, such as disclosure obligations to a tribunal or to higher decisionmaking authorities in an organization. ABA Comment on Rule 4.1
12 ACC Houston 11/13/12 12 You snooze you lose... You are reducing the terms of a contract to a written agreement. The buyer s attorney sends back the final agreement with the buyer s signature. You notice that a hotly contested provision reverted by mistake back to previous contract version to your client s immense benefit. Do you call opposing counsel?
13 ACC Houston 11/13/12 13 CCBE Core Principle: the dignity and honour of the legal profession, and the integrity and good repute of the individual lawyer. TMBA: A lawyer owes to opposing counsel, in the conduct of legal transactions courtesy, candor, cooperation and scrupulous observance of all agreements and mutual understandings. TDRPC: As negotiator, a lawyers seeks a result advantageous to the client but consistent with requirements of honest dealing with others.
14 ACC Houston 11/13/12 14 I have a secret. Day 18 of a jury trial. Counsel negotiates over the lunch hour and plaintiff s demand is now down to $700,000. Client remained in the courtroom and overheard the jury agree to a $4,000,000 award. Client says accept the demand right now and keep your mouth shut. Do you accept in silence?
15 ACC Houston 11/13/12 15 CCBE: Loyalty to the client is of the essence of the lawyer s role. TDRP: A lawyer shall not knowingly reveal confidential information of a client to a person that the client has instructed is not to receive the information or anyone else ABA: A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent. IBA: The loyal defence of a client s case may never cause advocates to be other than perfectly candid, subject to any right or privilege to the contrary which clients choose them to exercise, or knowingly to go against the law.
16 ACC Houston 11/13/12 16 If you don t, I will. Your client has given you pictures of the opposing party s CEO. They are embarrassing. Client says Tell the lawyer I ll post them on Facebook unless they agree to renew our contract. Do you issue the Facebook threat? The pictures are / are not relevant.
17 ACC Houston 11/13/12 17 In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person. Comment: Although in most cases a lawyer s responsibility to the interest of his client is paramount to the interest of other persons, a lawyer should avoid the infliction of needless harm. Texas Disciplinary Rules of Professional Conduct
18 ACC Houston 11/13/12 18 If a lawyer finds a client s proposed strategy or goal regarding settlement to be repugnant, but not contrary to applicable law or rules, or if the lawyer has a fundamental disagreement with the client s strategy or goal, the lawyer may continue the representation on the condition that the lawyer will not be required to perform acts in furtherance of the repugnant strategy or goal, or may withdraw from the representation. ABA Comment on Rule 4.1
19 ACC Houston 11/13/12 19 Ethics Opinion 214 Wife sues husband for divorce. Husband wants his attorney to notify the wife's attorney of an affirmative defense (infidelity), to be used as "trading matter" to secure a favorable property settlement. Can you use the threat of an affirmative defense?
20 ACC Houston 11/13/12 20 Unanimous opinion In the absence of other facts indicating lack of candor to the court, the attorney may use this information in an attempt to favorably influence negotiations for settlement.
21 ACC Houston 11/13/12 21 Texas Lawyer s Creed I am passionately proud of my profession. Therefore, My word is my bond.
22 Bass Wallace, Jr. Tetra Technologies, Inc Interstate 45 North The Woodlands, TX (281) Charlie Meacham Samantha Trahan Gardere Wynne Sewell 1000 Louisiana Suite 3400 Houston, TX (713)
THE AMERICAN LAW INSTITUTE Continuing Legal Education. Estate Planning for the Family Business Owner
91 THE AMERICAN LAW INSTITUTE Continuing Legal Education Estate Planning for the Family Business Owner Cosponsored by the ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation
More informationETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE
ETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE 19 th ANNUAL JUVENILE LAW CONFERENCE PROFESSOR ROBERT O. DAWSON JUVENILE LAW INSTITUTE February 22 24, 2006 Westin Park Central Hotel Dallas, Texas BRIAN
More informationComplying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different?
Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different? By Roseann B. Termini, Esq. rbtermini@widener.edu www.fortipublications.com
More informationWhat to Do When Your Witness Testimony Doesn t Match His or Her Declaration
What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819
More informationA LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA
A LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA Preamble As a lawyer I must strive to make our system of justice work fairly and efficiently. In order to carry out that responsibility,
More informationETHICS & THE NEW RULES
ETHICS & THE NEW RULES THOMAS H. WATKINS, Austin Brown McCarroll LLP State Bar of Texas 19 th ANNUAL TEXAS MINORITY COUNSEL PROGRAM September 7-9, 2011 Austin, Texas CHAPTER 15 Thomas Watkins Brown McCarroll,
More informationDALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015. By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey.
DALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015 By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey.com A. Lawyers owe their clients a fiduciary duty. Breach of fiduciary duty
More informationRules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20
Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20 Read It, Know It, Live It Presented by Mark Gumz with the assistance of Hannah Schieber SCR 20: More than just 40+ pages of fine
More informationEthical Issues Facing Today s Transportation Lawyers
Ethical Issues Facing Today s Transportation Lawyers R I C K K I S S I N G E R K I S S I N G E R & F E L L M A N, P C D E N V E R, C O M o d e r a t o r L E E P I O V A R C Y M A R T I N, T A T E, M O
More informationCollaborative Law Participation Agreement
Form 15-3 Form 15-3 This form is written for a divorce case but may be reworded as appropriate for any other family law situation. Purpose [Name of wife] and [name of husband] (the parties ) have chosen
More informationEthical and Professional Responsibility Issues in Environmental Law. Ted Bosquez Vinson & Elkins L.L.P.
Ethical and Professional Responsibility Issues in Environmental Law Ted Bosquez Vinson & Elkins L.L.P. Overview Voluntary Self-Disclosure Mechanisms Ethical Considerations in Self-Disclosure Scenarios
More informationNOTE TO LAWYERS & ETHICS SECTION 4 EXAM PROCTORS: STUDENTS MAY BRING IN THIS PAPER TO THE FINAL EXAM Lawyers & Ethics 2013 Common Law The purpose of
FLETCHER LAWYERS & ETHICS FINAL EXAM Instructions: Answer the questions below in essay form. You may draw upon any and all of the materials assigned in this class. You may draw upon THE COMMON LAW of this
More informationMULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS
MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS ADVANCED PERSONAL INJURY LAW COURSE CLE TEXAS STATE BAR 2013 S AM J OHNSON S COTT, DOUGLASS & MC C ONNICO, L.L.P. A TTORNEYS A T L AW WWW.
More informationEthics Bear Traps for In-House Counsel Michael Aprahamian
Ethics Bear Traps for In-House Counsel Michael Aprahamian Unique Problems Faced by In-House Counsel The general counsel has one foot planted firmly in the shifting, treacherous terrain of the law, and
More informationLegal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG
THE PRACTICING LAW INSTITUTE: FINANCIAL SERVICES INDUSTRY REGULATORY COMPLIANCE & ETHICS FORUM 2014 Legal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG October 29, 2014 Lawyers As Whistleblowers
More informationThe Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014
The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question
More informationWORKERS COMPENSATION. Ethics 2008
WORKERS COMPENSATION Ethics 2008 #1:Solicitation Barfly Bart, general practice lawyer, observes Wanda limping to the bar. After some small talk, Bart asks her about the limp. Wanda says it s work-related.
More information1. Death 2. Serious injury 3. Both (1) and (2) 4. Neither (1) nor (2) 0% 0% 0% 0%
A. Under GRPC 1.6, a lawyer MUST disclose information, even if gained in the professional relationship with a client and even if no law requires the lawyer to do so, if necessary to prevent: 1. Death 2.
More informationInsurance Adjusters Council Code of Conduct
Insurance Adjusters Council Code of Conduct TABLE OF CONTENTS INTRODUCTION... 1 EXECUTIVE SUMMARY... 2 INTERPRETATION... 4 CODE OF CONDUCT PRINCIPLES... 6 1. INTEGRITY AND TRUSTWORTHINESS... 6 2. GOOD
More informationRule 3.3: Candor Toward the Tribunal
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct Rule 3.3: Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a
More informationISBA Advisory Opinion on Professional Conduct
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
More informationA Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I.
A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. Finding the Case: For the general practitioner of law, most personal injury claims come
More information[Cite as Cincinnati Bar Assn. v. Nienaber (1997), 80 Ohio St.3d 534.] Attorneys at law Misconduct Indefinite suspension Making affirmative
CINCINNATI BAR ASSOCIATION v. NIENABER. [Cite as Cincinnati Bar Assn. v. Nienaber (1997), 80 Ohio St.3d 534.] Attorneys at law Misconduct Indefinite suspension Making affirmative representations to courts
More informationINTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N
INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N OATH OF ATTORNEY I do solemnly swear: I will support the Constitution of the
More informationReflections on Ethical Issues In the Tripartite Relationship
Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent
More informationMPRE Sample Test Questions
MPRE Sample Test Questions The following sample questions are examples of test questions similar to those on the MPRE. While these sample questions illustrate the kinds of questions that will appear on
More information5/12/2015 AGGREGATE PROCEEDINGS PURPOSE OF AGGREGATE PROCEEDINGS
Pretrial Practice 2015 4:00 P.M. PANEL TOPIC SETTLEMENT AGGREGATE SETTLEMENT CONCERNS May 12, 2015 New York, New York Kelly Strange Crawford, Esq. AGGREGATE PROCEEDINGS Class Actions SINGLE LAW SUIT PROCEEDING
More informationSample Letters. Sample Letters And Optional Paragraphs
Sample Letters Disclaimer The following sample letters are to be used as a guide or example, and must be adjusted to suit your client's needs. Lawyers Mutual Insurance Company of Kentucky hereby disclaims
More informationSample agreement: Collaborative Law
Sample agreement: Collaborative Law Between: and and agree as follows: 1. GOALS We believe that it is in our mutual best interest to resolve our differences by discussing and agreeing on what is important
More informationTENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010
TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 Glenn R. Funk 117 Union Street Nashville, TN 37201 (615) 255-9595 ETHICS IN DUI DEFENSE
More informationExecutive Summary of the Texas Uniform Collaborative Law Act
Executive Summary of the Texas Uniform Collaborative Law Act By Lawrence R. Maxwell, Jr. * This paper will provide an introduction to the collaborative dispute resolution process and address the future
More informationOntario s Amended Rules of Professional Conduct
Ontario s Amended Rules of Professional Conduct Bruce Blain Toronto Symposium June 5, 2014 FLSC Model Code of Professional Conduct 2004 - initiative to create uniform ethical and professional conduct standards
More informationOpinion #177. Advancing Litigation Costs Through Lines of Credit
Opinion #177. Advancing Litigation Costs Through Lines of Credit Issued by the Professional Ethics Commission Date Issued: December 14, 2001 Facts and Question An attorney has requested an opinion on whether
More informationDATE ENGAGEMENT LETTER
DATE CLIENT Via Hand Delivery RE: ENGAGEMENT LETTER Dear CLIENT: 1. REPRESENTATION: This document confirms our representation of you in your domestic law case. Our legal representation will relate to all
More informationETHICS OPINION 112314
ETHICS OPINION 112314 Facts: Three Scenarios: 1. Attorney represents a client through a bankruptcy. After the bankruptcy is complete, the client returns to the attorney for work on a different matter.
More informationCaught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers
Caught in the Middle: What to Do When Conflicts Arise Between Policyholders and Insurers Robert A. Shults Jacob A. DeLeon McFall, Sherwood & Breitbeil, P.C. Houston, Texas Within the tripartite relationship,
More informationHomeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers
Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers I. Safekeeping Property. A. Rule 1.15 of Minnesota Rules of Professional Conduct requires a lawyer representing a party to safe keep their
More informationPROFESSIONALISM in PRACTICE
PROFESSIONALISM in PRACTICE Southwest Actuarial Forum San Antonio, Texas 10 December 2010 Disclaimer: The opinions expressed are solely those of the presenter and are not approved positions of the American
More informationMICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY
WHAT IS LEGAL MALPRACTICE IN CALIFORNIA? A client who sustains harm as a direct result of legal malpractice can file a civil lawsuit against the attorney who was responsible for causing that harm. MICHAEL
More informationAS APPROVED BY CONVOCATION, MARCH 25, 2004. (new/amended rules and commentary for rule 2.02)
AS APPROVED BY CONVOCATION, MARCH 25, 2004 (new/amended rules and commentary for rule 2.02) When Client an Organization (1.1) Notwithstanding that the instructions may be received from an officer, employee,
More informationINTRODUCING THE ESSENCE OF LAWYERING IN AMERICA TO CHINESE LAW STUDENTS. Lawrence K. Hellman Dean and Professor of Law Oklahoma City University
INTRODUCING THE ESSENCE OF LAWYERING IN AMERICA TO CHINESE LAW STUDENTS Lawrence K. Hellman Dean and Professor of Law Oklahoma City University A group of law students from Nankai University in Tianjin,
More informationA Reminder: Avoiding and Surviving Attorney Ethics Complaints in Texas*
A Reminder: Avoiding and Surviving Attorney Ethics Complaints in Texas* A. THE BASICS FOR AVOIDING A GRIEVANCE Grievance claims in Texas have risen at a rate directly correlated to attorney growth. In
More informationPRINCIPLES AND GUIDELINES FOR COLLABORATIVE PRACTICE
PRINCIPLES AND GUIDELINES FOR COLLABORATIVE PRACTICE 1 INTRODUCTION 1.01 The essence of Collaborative Practice in a Family Law setting is the shared belief of the participants that it is in the best interests
More informationA Practical Guide to. Hiring a LAWYER
A Practical Guide to Hiring a LAWYER A PRACTIAL GUIDE TO HIRING A LAWYER I. Introduction 3 II. When do you Need a Lawyer? 3 III. How to Find a Lawyer 4 A. Referrals 4 B. Lawyer Referral Service 5 C. Unauthorized
More informationSharing Information and Due Process Arizona Problem Solving Courts Conference May 14, 2013
Sharing Information and Due Process Arizona Problem Solving Courts Conference May 14, 2013 Introductions Barbara Marshall, Division Chief, Juvenile Crimes Division, Maricopa County Attorney s Office Michelle
More informationLegal Ethics Practical Tips from Where else?... Practice
Legal Ethics Practical Tips from Where else?... Practice Presented by: Mark C. Dosker mark.dosker@squiresanders.com Corporate Miranda or Upjohn Warnings Issues Facing Counsel at the Onset of an Internal
More informationORANGE COUNTY BAR ASSOCIATION. Formal Opinion 2011-01 (Collaborative Family Law)
ORANGE COUNTY BAR ASSOCIATION Formal Opinion 2011-01 (Collaborative Family Law) Issue: Can a family lawyer enter into a collaborative law agreement consistent with her ethical duties, notwithstanding the
More informationGuidelines for Guardians ad Litem for Children in Family Court
Guidelines for Guardians ad Litem for Children in Family Court Preamble The following are guidelines for attorneys and non-lawyer volunteers appointed as guardians ad litem for children in most family
More informationKENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-425 Issued: June 2005
KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-425 Issued: June 2005 Since the adoption of the Rules of Professional Conduct in 1990, the Kentucky Supreme Court has adopted various amendments, and made
More informationETHICAL GUIDELINES FOR SETTLEMENT NEGOTIATIONS
ETHICAL GUIDELINES FOR SETTLEMENT NEGOTIATIONS August 2002 The Ethical Guidelines for Settlement Negotiations have not been approved by the House of Delegates or the Board of Governors of the American
More informationEthics in Foreclosure
Ethics in Foreclosure By Louis S. Pettey Louis S. Pettey is a president of the Gaithersburg, Maryland, firm of Heise Jorgensen and Stefanelli PA and vice-chair of the Ethics and Professionalism Committee.
More informationISBA Advisory Opinion on Professional Conduct
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
More informationThe Lawyer as Gatekeeper The Backdrop
Lawyers as Gatekeepers The SEC s New Focus on Inside and Outside Counsel Julie M. Allen Frank Zarb National Conference of the Society of Corporate Secretaries and Governance Professionals June 28, 2014
More informationLegal and Judicial Ethics for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan
for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan February 25, 2010 David M. Siegel New England Law Boston dsiegel@nesl.edu; 1 (617)
More informationMARYLAND RULES OF PROCEDURE TITLE 1 GENERAL PROVISIONS CHAPTER 100 APPLICABILITY AND CITATION
TITLE 1 GENERAL PROVISIONS CHAPTER 100 APPLICABILITY AND CITATION AMEND Rule 1-101 (q) to add collaborative law processes to the applicability of Title 17, as follows: Rule 1-101. APPLICABILITY... (q)
More informationConsumer Legal Guide. Your Guide to Hiring a Lawyer
Consumer Legal Guide Your Guide to Hiring a Lawyer How do you find a lawyer? Finding the right lawyer for you and your case is an important personal decision. Frequently people looking for a lawyer ask
More informationAMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS
AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS Definitions Adopted by the Michigan Supreme Court in Grievance Administrator v Lopatin, 462 Mich 235, 238 n 1 (2000) AInjury@ is harm to
More informationWho participates in standards work?
Ethics Issues in Standards Work Eric A. Prager Who participates in standards work? Engineers, attorneys Different obligations under ethics rules (cf. antitrust law) 1 Key issues for attorneys Out-of-state
More informationPatent Attorney Ethics
CODE OF ETHICS OF THE PATENT ATTORNEY PROFESSION Pursuant to Article 33, paragraph 2 of the Act No. XXXII of 1995 on Patent Attorneys, as amended, the Hungarian Chamber of Patent Attorneys (hereinafter
More informationEthical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize
Ethical Considerations for the Estate Attorney Trusts and Estates Practice is Difficult to Categorize Clients are generally older, but many younger people are planning for retirement and family members.
More informationTHE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS FORMAL OPINION 2009-6 AGGREGATE SETTLEMENTS
THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS FORMAL OPINION 2009-6 AGGREGATE SETTLEMENTS TOPIC: Multiple Representations; Aggregate Settlements; Advance
More informationCONTRACT FOR LEGAL SERVICES
! Parties:! THIS AGREEMENT is made on the day of, 2012, in Plano, Collin, Texas, between ("Client"), and Reeves Law Firm, P.C. ("Attorney"):! In consideration of the mutual promises herein contained, the
More informationINDIANA PARALEGAL ASSOCIATION CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND RULES FOR ENFORCEMENT
INDIANA PARALEGAL ASSOCIATION CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND RULES FOR ENFORCEMENT PREAMBLE The Indiana Paralegal Association ("IPA") is a professional organization comprised of individual
More informationKENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-290 Issued: September 1984
KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-290 Issued: September 1984 This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult
More informationEthical Considerations for Tribal Lawyers and Judges
Ethical Considerations for Tribal Lawyers and Judges The 19th Annual Tribal Law and Government Conference The Future of Indian Education University of Kansas March 13, 2015 Elizabeth Ann Kronk Warner Associate
More informationFINAL REPORT January 10, 2005. State Bar of Michigan Special Committee on Grievance
FINAL REPORT January 10, 2005 State Bar of Michigan Special Committee on Grievance Chair: John W. Allen Varnum Riddering Schmidt & Howlett LLP Kalamazoo, Michigan jwallen@varnumlaw.com COMMENTS AND PROPOSALS
More informationCOLLABORATIVE DIVORCE PARTICIPATION AGREEMENT CASE NAME:
APPENDIX A COLLABORATIVE DIVORCE PARTICIPATION AGREEMENT CASE NAME: I PLEDGE: We pledge to participate in good faith in this process for divorce with no court, minimal conflict and no coercion, but rather
More informationSTANDARD CONTINGENT FEE REPRESENTATION AGREEMENT FOR INDIVIDUALS
Notice: This Agreement is not valid unless signed and accepted by an officer of The Feldman Law Firm, P.C., who will make the sole decision whether to accept your case. This Agreement may be digitally
More informationTexas Environmental, Health and Safety Audit Privilege Act
Texas Environmental, Health and Safety Audit Privilege Act SCOTT D. DEATHERAGE PARTNER G A R D ERE WYNNE SEWELL, DALLAS S D EATHERAGE@GARDERE.COM Legislation Texas Environmental, Health and Safety Audit
More informationInsight from Carlton Fields
Insight from Carlton Fields Serving Two Masters: of Bond Sureties By Wm. Cary Wright; Matthew R. Cogburn; J. Derek Kantaskas In construction litigation, principals and sureties on payment and performance
More informationETHICAL ISSUES IN THE EMPLOYMENT CONTEXT
ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT Mark J. Oberti Oberti Sullivan LLP 723 Main Street, Suite 340 Houston, Texas 77002 (713) 401-3556 mark@osattorneys.com Edwin Sullivan Oberti Sullivan LLP 723 Main
More informationEthical Issues Facing Attorneys Representing the Incapacitated Seminar: Advanced Nursing Home Litigation: Changing the Paradigm Date: 04/26/07
Rhonda Hill Wilson, Esquire Law Office of Rhonda Hill Wilson, PC Philadelphia, PA Ethical Issues Facing Attorneys Representing the Incapacitated Seminar: Advanced Nursing Home Litigation: Changing the
More informationCODE ON PROFESSIONAL ETHICS OF LAWYERS, ASSOCIATES AND LAWYER'S APPRENTICES OF THE MACEDONIAN BAR ASSOCIATION
CODE ON PROFESSIONAL ETHICS OF LAWYERS, ASSOCIATES AND LAWYER'S APPRENTICES OF THE MACEDONIAN BAR ASSOCIATION The Code of Professional Ethics of the lawyers is a sum of adopted principles, which should
More informationRecommending Alternative Dispute Resolution As A Public Agency Attorney: What Attorney Ethical Guidelines Say
ETHICS PROGRAM As A Public Agency Attorney: What Attorney Ethical Guidelines Say California State Bar Guidelines Encourage Attorneys to Discuss Alternative Dispute Resolution with Clients In 2007, the
More informationOregon Code of Professional Responsibility
Oregon Code of Professional Responsibility (06/03) 1 Oregon Code of Professional Responsibility (As approved by the Oregon Supreme Court through June 17, 2003) TABLE OF CONTENTS Disciplinary Rule 1 Maintaining
More informationChoosing the Right Attorney for Your Case
Choosing the Right Attorney for Your Case The Law and You Information Series 1, Volume 4 The Right Attorney for You When should I seek the advice of an attorney? It is important to start looking for an
More informationPROFESSIONAL RESPONSIBILITY Copyright February 1997 - State Bar of California
Copyright February 1997 - State Bar of California David has been arrested for and charged with murder and robbery. David made a telephone call to Attorney, a member of the California Bar. Attorney came
More informationUNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED
UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED Senate Bill 714 (as enacted) PUBLIC ACT 159 of 2014 Sponsor: Senator Tonya Schuitmaker Senate Committee: Judiciary House Committee: Judiciary
More informationCODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE
CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE The Delaware Paralegal Association advocates that paralegals have an ethical and professional responsibility in the delivery
More informationGrievances Against Lawyers & Judges
Where do I file a grievance against a lawyer or judge THE COLUMBUS BAR ASSOCIATION Ethics Grievances An ethics grievance against a lawyer or a judge must be in writing and filed with one of the following
More informationTexas Lawyer Discipline - A Summary
Houston Intellectual Property Law Association Presentation Recent Changes in the Grievance Procedure and How They Will Affect Your Law Practice SPEAKER: Robert S. Bob Bennett bbennett@bennettlawfirm.com
More informationISBA Advisory Opinion on Professional Conduct
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
More informationHOW TO FIND, INTERVIEW AND HIRE A PERSONAL INJURY OR WRONGFUL DEATH LAWYER- Nine Questions Every Client Needs to Ask (and the answers they need to
HOW TO FIND, INTERVIEW AND HIRE A PERSONAL INJURY OR WRONGFUL DEATH LAWYER- Nine Questions Every Client Needs to Ask (and the answers they need to hear!) Introduction The "perfect" personal injury and
More informationCHAPTER 4 ETHICAL ISSUES FOR THE LEGISLATIVE LAWYER
CHAPTER 4 ETHICAL ISSUES FOR THE LEGISLATIVE LAWYER Ross Fischer Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2500 W. William Cannon, Suite 609 Austin, TX 78745 (512) 279-6431 mailto:ross.fischer@rampage-aus.com
More information[Cite as Mahoning Cty. Bar Assn. v. Vivo, 135 Ohio St.3d 82, 2012-Ohio-5682.]
[Cite as Mahoning Cty. Bar Assn. v. Vivo, 135 Ohio St.3d 82, 2012-Ohio-5682.] MAHONING COUNTY BAR ASSOCIATION v. VIVO. [Cite as Mahoning Cty. Bar Assn. v. Vivo, 135 Ohio St.3d 82, 2012-Ohio-5682.] Attorneys
More informationOffice of Lawyers Professional Responsibility
Office of Lawyers Professional Responsibility Complaints and Investigations Office of Lawyers Professional Responsibility 1500 Landmark Towers 345 St. Peter Street St. Paul, MN 55102-1218 (651) 296-3952
More informationHow to Complain About Lawyers and Judges in New York City
How to Complain About Lawyers and Judges in New York City COMMITTEE ON PROFESSIONAL DISCIPLINE JUNE 2012 NEW YORK CITY BAR ASSOCIATION 42 WEST 44 TH STREET, NEW YORK, NY 10036 INTRODUCTION The New York
More informationLawyer Discipline And 20 Tips On How to Avoid It
Lawyer Discipline And 20 Tips On How to Avoid It J. Scott Rhodes April 24, 2009 Lorman Seminars: Legal Ethics in Arizona Phoenix Peoria Washington, D.C. Las Vegas www.jsslaw.com Presenter J. Scott Rhodes
More informationTHE STATE BAR OF TEXAS
THE STATE BAR OF TEXAS What To Do When Your Favorite Clients Divorce, And What To Do To Anticipate The Possibility Or Reality Of Divorce by Michael V. Bourland David P. Dunning Speakers: William R. Butch
More informationSUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES 1. Description. The Superior Court of California, County of Orange (Court), offers a voluntary civil mediation program for
More informationNORTON ROSE FULBRIGHT FORUM TM Web Seminar. A Monthly
NORTON ROSE FULBRIGHT FORUM TM Web Seminar A Monthly Ethics and the lawyer's professional responsibilities in securities and other business transactions September 10, 2013 First Tuesday of Every Month
More informationWritten Response to Questions from Chairwoman Linda Sanchez for. Heather E. Williams
Written Response to Questions from Chairwoman Linda Sanchez for Heather E. Williams First Assistant Federal Public Defender District of Arizona - Tucson 4 August, 2008 Follow-up to Testimony before the
More informationLife Insurance Council Code of Conduct
Life Insurance Council Code of Conduct TABLE OF CONTENTS EXECUTIVE SUMMARY... 2 INTERPRETATION... 5 DEFINITIONS... 6 CODE OF CONDUCT PRINCIPLES... 7 1. INTEGRITY AND TRUSTWORTHINESS... 7 2. GOOD FAITH...
More informationACI-NA SPRING LEGAL AFFAIRS CONFERENCE APRIL 7, 2014 DALLAS, TEXAS
ACI-NA SPRING LEGAL AFFAIRS CONFERENCE APRIL 7, 2014 DALLAS, TEXAS AIRPORT LEGAL ETHICS PART 1 ETHICAL DILEMMAS: A PROCESS FOR DECISION-MAKING PART 2 THE ETHICAL TRIO PRESENTS: MEGAPORT S LATEST ETHICAL
More informationngagement Letters EA GUIDE FOR PRACTITIONERS
ngagement Letters EA GUIDE FOR PRACTITIONERS Second Edition 2007 Funded by the American College of Trust and Estate Counsel ( ACTEC ) Foundation. ACTEC is a registered trademark of The American College
More informationA Guide for Childhood Sexual Abuse Survivors
You are not alone. It was not your fault. You have courage. You have choices. You have power. We re here to help. A Guide for Childhood Sexual Abuse Survivors Breaking the silence. Raising Awareness. Fighting
More informationINTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS
INTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS 1.1 Purpose of Lawyer Discipline Proceedings The purpose of lawyer
More informationMEXICO. Fernando PEREZ CORREA CAMARENA
MEXICO Fernando PEREZ CORREA CAMARENA SCGPC Abogados Mexico City : Torre Mural, Av. Insurgentes sur # 1605 Piso Suite 3 Col. San José Insurgentes. C.P. 03900 MEXICO D.F. Phone: + (52) (55) 5062-0050 Fax
More informationCopyright or Trademark Criminal Defense. Licensing/Trade Secret
APPLICATION FOR PRIVATE PRACTICE CLAIMS-MADE LAWYERS PROFESSIONAL LIABILITY INSURANCE FIRM INFORMATION 1. Contact Person (please indicate Mr. or Ms): Firm Name: Primary Office Address: City, State, ZIP:
More information