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LAWYER REGULATION REVIEW: COMMON

PROBLEMS AND HOW TO AVOID THEM.

Chip Mortimer

Deputy Regulation Counsel

303-928-7783

FORMATION OF THE ATTORNEY-CLIENT

RELATIONSHIP

Prospective clients – 1.18

The test – subjective belief based on

reasonable criteria

ENGAGEMENT LETTERS

Specify Scope

Discuss the way you do things

Arbitration?

Termination letters

FEES AND FEE AGREEMENTS

Fees and costs must be reasonable – 1.5(a)

Written statement – 1.5(b)

Special cases – People v. Feather

No referral fees

No nonrefundable fees/retainers

SPECIAL FEE AGREEMENTS

Flat fees must be administered properly

Contingent fees must be administered properly

MODIFICATION OF FEE AGREEMENT

1.8 implicated?

Security?

SYSTEMS

Conflicts data base

File systems

Tickler systems

Communication systems

Supervision and file review

Confidentiality

Technology considerations

Resources

FUNDS HANDLING

Required accounts

Required records

How to manage

Liens

CANDOR

To clients

To courts

To third parties

HANDLING DOCUMENTS

Inadvertent disclosure – 4.4(b) and (c)

Medical records

Subpoenas - New Rule 45

TERMINATION

Rule 1.16

When and why?

Can’t limit client’s right

You’re in until you’re out

Protect client’s interests

PRIVATE CONDUCT

Criminal conduct, including dui and domestic

violence

Dishonesty

Child support

TRAPS

Conflicts evaluation must be reasonable

Don’t give your opinion

Don’t rely on district court orders

CONFLICTS

The general rule – 1.7

Specific prohibited transactions - 1.8

Former clients

MOST IMPORTANTLY

Communicate and treat clients with respect