Size: px
Start display at page:

Download ""

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

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 information

Complying 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? 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. [email protected] www.fortipublications.com

More information

What 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 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 information

A LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA

A 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 information

ETHICS & THE NEW RULES

ETHICS & 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 information

Ethical Issues Facing Today s Transportation Lawyers

Ethical 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 information

Collaborative Law Participation Agreement

Collaborative 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 information

MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS

MULTIPLE 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 information

Ethics Bear Traps for In-House Counsel Michael Aprahamian

Ethics 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 information

Legal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG

Legal 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 information

The 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 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 information

1. Death 2. Serious injury 3. Both (1) and (2) 4. Neither (1) nor (2) 0% 0% 0% 0%

1. 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 information

Insurance Adjusters Council Code of Conduct

Insurance 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 information

Rule 3.3: Candor Toward the Tribunal

Rule 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 information

ISBA Advisory Opinion on Professional Conduct

ISBA 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 information

A 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. 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

[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 information

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

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 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 information

Reflections on Ethical Issues In the Tripartite Relationship

Reflections 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 information

MPRE Sample Test Questions

MPRE 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 information

5/12/2015 AGGREGATE PROCEEDINGS PURPOSE OF AGGREGATE PROCEEDINGS

5/12/2015 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 information

Sample Letters. Sample Letters And Optional Paragraphs

Sample 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 information

Sample agreement: Collaborative Law

Sample 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 information

Executive Summary of the Texas Uniform Collaborative Law Act

Executive 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 information

Ontario s Amended Rules of Professional Conduct

Ontario 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 information

Opinion #177. Advancing Litigation Costs Through Lines of Credit

Opinion #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 information

DATE ENGAGEMENT LETTER

DATE 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 information

ETHICS OPINION 112314

ETHICS 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 information

Caught 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 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 information

Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers

Homeline 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 information

PROFESSIONALISM in PRACTICE

PROFESSIONALISM 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 information

MICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY

MICHAEL 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 information

AS 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) 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 information

A Reminder: Avoiding and Surviving Attorney Ethics Complaints in Texas*

A 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 information

PRINCIPLES AND GUIDELINES FOR COLLABORATIVE PRACTICE

PRINCIPLES 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 information

A Practical Guide to. Hiring a LAWYER

A 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 information

Sharing 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 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 information

ORANGE COUNTY BAR ASSOCIATION. Formal Opinion 2011-01 (Collaborative Family Law)

ORANGE 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 information

Guidelines for Guardians ad Litem for Children in Family Court

Guidelines 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 information

KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-425 Issued: June 2005

KENTUCKY 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 information

ETHICAL GUIDELINES FOR SETTLEMENT NEGOTIATIONS

ETHICAL 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 information

Ethics in Foreclosure

Ethics 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 information

ISBA Advisory Opinion on Professional Conduct

ISBA 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 information

The Lawyer as Gatekeeper The Backdrop

The 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 information

Legal and Judicial Ethics for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan

Legal 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 [email protected]; 1 (617)

More information

MARYLAND RULES OF PROCEDURE TITLE 1 GENERAL PROVISIONS CHAPTER 100 APPLICABILITY AND CITATION

MARYLAND 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 information

Consumer Legal Guide. Your Guide to Hiring a Lawyer

Consumer 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 information

AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS

AMERICAN 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 information

Ethical 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 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 information

THE 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 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 information

CONTRACT FOR LEGAL SERVICES

CONTRACT 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 information

INDIANA 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 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 information

KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-290 Issued: September 1984

KENTUCKY 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 information

Ethical Considerations for Tribal Lawyers and Judges

Ethical 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 information

STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT FOR INDIVIDUALS

STANDARD 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 information

Texas Environmental, Health and Safety Audit Privilege Act

Texas 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 [email protected] Legislation Texas Environmental, Health and Safety Audit

More information

Insight from Carlton Fields

Insight 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 information

CODE 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 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 information

Recommending Alternative Dispute Resolution As A Public Agency Attorney: What Attorney Ethical Guidelines Say

Recommending 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 information

Oregon Code of Professional Responsibility

Oregon 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 information

Choosing the Right Attorney for Your Case

Choosing 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 information

PROFESSIONAL RESPONSIBILITY Copyright February 1997 - State Bar of California

PROFESSIONAL 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 information

UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED

UNIFORM 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 information

CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE

CODE 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 information

Grievances Against Lawyers & Judges

Grievances 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 information

Texas Lawyer Discipline - A Summary

Texas 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 [email protected]

More information

ISBA Advisory Opinion on Professional Conduct

ISBA 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 information

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

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 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 information

CHAPTER 4 ETHICAL ISSUES FOR THE LEGISLATIVE LAWYER

CHAPTER 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:[email protected]

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.] [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 information

Office of Lawyers Professional Responsibility

Office 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 information

How to Complain About Lawyers and Judges in New York City

How 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 information

THE STATE BAR OF TEXAS

THE 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 information

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES

SUPERIOR 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 information

NORTON ROSE FULBRIGHT FORUM TM Web Seminar. A Monthly

NORTON 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 information

Written Response to Questions from Chairwoman Linda Sanchez for. Heather E. Williams

Written 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 information

Life Insurance Council Code of Conduct

Life 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 information

ngagement Letters EA GUIDE FOR PRACTITIONERS

ngagement 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 information

A Guide for Childhood Sexual Abuse Survivors

A 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 information

INTEGRATED 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 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 information

MEXICO. Fernando PEREZ CORREA CAMARENA

MEXICO. 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 information