Advertising and Solicitation and Fair Fees and Clients’ Trusts 1.
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Transcript of Advertising and Solicitation and Fair Fees and Clients’ Trusts 1.
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Advertising and Solicitationand
Fair Fees and Clients’ Trusts
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Advertising and SolicitationA tension between
The need for legal services but the lack of ability to pay for it
The inability to know when legal representation is needed
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Advertising and SolicitationThe legal profession is obligated to find ways
to resolve these issuesCost of legal services
Legal services corporations Pro bono legal services Holding down expenses
Knowing when to call a lawyer Public education Lawyer advertising
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Advertising and SolicitationA third issue is the person/entity who needs
representation but who is or whose case is unpopular
Everyone is entitled to representation
Appointed cases
Does money solve the problem?
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Advertising and SolicitationAdvertising
To get clientsTo educate people about legal rightsFree speech rights
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Advertising and SolicitationProblems of lawyer advertising
Misrepresentation of lawyer’s abilities
Misrepresentation of what client rights are
Misrepresentation of what the lawyer can do in the specific case
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Advertising and SolicitationProblems with lawyer advertising
Testimonials
Actors instead of lawyers
Inappropriate approaches
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Advertising and SolicitationOther forms of advertising
Mail – not public solicitation so some of the protections are not in place.
Personal solicitation – generally not allowed
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Advertising and SolicitationParalegal advertising
To the public – no
To lawyers - yes
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Advertising and SolicitationReferral fees
To non-lawyers – generally no
To other lawyers – fee splitting – generally yes, with client’s approval
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Advertising and SolicitationInternet adverting
Similar to other rules
Law firm/lawyer website – is it any difference from Yellow Page advertising?
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Fair Fees and Client TrustsFee agreements:
Hourly fee arrangements – how much?
Contingency fee arrangements – what percentage? How is it calculated?
Flat rates – routine cases/set by law
Expenses?12
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Fair Fees and Client TrustsOther sources of fees
US law generally does not allow the prevailing party to recover attorneys’ fees from the losing side – exceptions:
Written contracts
Specific laws
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Fair Fees and Client TrustsHourly billing
How is it done?
What can be billed for?
Whose hours are included? What rates?
What’s the process?
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Fair Fees and Client TrustsValue billing
Hourly rate
Bonus for good work/good results
How are good work/good results determined and how is an amount assigned?
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Fair Fees and Client TrustsRetainers
One time or periodic?
What does a retainer “buy”?
Refund of retainers?
Retainer or advanced payment of fees?
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Fair Fees and Client TrustsClient trust accounts
Funds belong to client
Held by lawyer under certain conditions
IOLTA accounts – whose interest is it?
Segregated from office account
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Fair Fees and Client TrustsCollecting fees
Can a lawyer sue a client for fees?
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Fair Fees and Client TrustsOther issues
Who does a client’s file belong too?
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Fair Fees and Client TrustsPro bono legal services
Lawyers’ obligation
What kinds of services
Balancing the obligation to render pro bono services and obligations to paying clients.
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