A lawyer or law firm that advertises a fixed fee for certain legal services must have a written statement available to the public at the time of publication of the fees, clearly describing the scope of each advertised service, and this statement must be made available to the client at the time of retention for that service. These legal services must include all services recognized as adequate and necessary in accordance with the local practices of the municipality where the services are provided. Rule 7.1(j). For example, Canon 2 covers most advertising and expense issues; Canon 5 deals with conflict of interest issues; Canon 7 deals with witness contact issues; and Canon 9 deals with accounting and record-keeping issues. Of course, all these problems can merge and merge into other rules and canons. Only after you have identified the rules, concepts, and problems can you begin to develop a reasoned answer to your question. Since it seems rather doubtful that you can pass the „disinterested lawyer“ test to represent Bonnie and Clyde at the same time, can you represent Bonnie or Clyde alone? Maybe, but you still have a big problem – both are treated like a former client, meaning you can`t resist either without informed consent. ABA Rule 1.18, which was added to the ABA Model Rules in 2002, addresses this situation. Rule 1.18(a) states: „A person who discusses with a lawyer the possibility of establishing a client-lawyer relationship in relation to a matter is a potential client. Even if a potential customer has not engaged you, Rule 1.18(b) generally prohibits you from using or disclosing confidential information you have learned from the prospect. In addition, Rule 1.18(c) prohibits you personally from objecting to a potential customer who has not hired you for the same matter if you have „received information from the potential customer that could be significantly detrimental to that person in the matter,“ unless the potential customer consents. Here, it`s not clear if you`ve received any information from Bonnie or Clyde that could be „significantly damaging“ to them. For example, has Bonnie ever said, „The accident was really my fault“? Did she give any information about Clyde`s injuries? If you only represent Clyde and sue Bonnie (as well as Marvin), this information could be significantly damaging to Bonnie.

Nevertheless, Rule 1.18(d) allows another lawyer in your firm to reject Bonnie if she gives informed consent or if you have „taken reasonable steps to avoid receiving more disqualifying information than was reasonably necessary to determine whether you should represent her,“ and you will be screened in a timely manner and no portion of the fee will be awarded. The facts do not indicate that you took steps to avoid receiving „disqualifying information“ from Bonnie during the first interview. For example, you never warned them to limit their disclosures to you, as you could end up rejecting them as a client and representing Clyde against them. As lawyers, we spend our days helping people solve problems. Some of us represent clients accused of misconduct or illegal activity, while others do transactional work and try to help clients complete their transactions in a way that avoids hassle. Sometimes lawyers are scrutinized; After all, we are not infallible. If a lawyer or law firm advertises a fixed fee for certain legal services or provides services described in a fee schedule, the lawyer may not charge more than the fixed fee specified in the notice or fee schedule for those legal services, unless the client agrees in writing that the services provided or to be provided were not legal services, mentioned or implied in advertising or fees. and in addition, that the transaction is subject to a different fee regime. LexisNexis® and Bloomberg Law are external online distributors of ALM`s extensive collection of current and archived versions of legal news publications. LexisNexis® and Bloomberg Law clients may access and use ALM content, including content from the National Law Journal, The American Lawyer, Legaltech News, New York Law Journal and Corporate Counsel, as well as other sources of legal information.

In addition, the ABA has a service called ETHICSearch, which offers free initial consultation on any situation that appears to raise an ethical question. You can call, write, fax or email ETHICSearch: Phone (312) 988-5323; Fax: (312) 988-5491; Email: ethicsearch@staff.abanet.org. Most applications are processed on the same day. If your question requires additional research, the fee is $45/hour for ABA members and $60/hour for non-members (minimum $15). A. No. Rule 7.5(b). See generally New York County Lawyers` Association, Committee on Professional Ethics, question 677, p. 2, 30 March 1990. The NYCLA opinion examines decision-making authority: In re Shephard, 92 AD2d 978 (3d Dep`t 1983) (use of the name „The People`s Law Firm of Jan L. Shephard“ is inappropriate because it implies that the firm is publicly approved or provides free legal services); but see In Re von Wiegen, 63 N.Y.

2d 163 (1984) (the use of the motto „The country attorney“ was not inappropriate when the lawyer`s name was inserted next to the motto, as there was no possibility of deception as to the identity of the lawyer concerned). This is my method of analysis, research and work on an ethical problem. I believe that this method allows me to find reliable answers quickly and efficiently and with minimal time and money. It is not rocket science, and other lawyers have undoubtedly developed different and equally valid methods. (I expect my students to apply both the ABA Model Rules of Professional Conduct and the New York Code of Professional Responsibility when answering my exam questions, so I`ll cite both in this article.) If you have any questions, call 1-877-256-2472 or contact us at [email protected] This article describes some of the methods and resources the author used to answer questions from callers on the „ethics hotline“ sponsored by the New York County Lawyer`s Association – one of many toll-free hotlines. Assist any interested lawyer in identifying and resolving ethical issues as they arise. I will refer to articles and links that can help the practitioner to follow ethical developments and avoid disciplinary problems. My basic methodology for solving ethical problems, which is neither complicated nor original, can be divided into four steps: (1) Identify the disciplinary rules involved and familiarize yourself with the concepts and reasons for the rules; (2) analyze your question in relation to the Rules and the purpose of the Rules; (3) research of interpretation cases and ethical opinions; (4) Call an ethics hotline or discuss your analysis with another lawyer to obtain an objective opinion from a third party free of bias and financial interests. „Because privilege is such a powerful weapon, ethics committees and courts have limited the circumstances in which it can be exercised.“