Author: Anonymous

Lawyer has regularly represented General Contractor in corporate matters during the last three years and has charged General Contractor a reduced hourly rate of $175. Lawyer decides that he needs to raise his reduced hourly rate to cover his increased costs. Reluctantly, he calls General Contractor and explains that he needs to raise his reduced hourly rate to $200, which he believes is a reasonable hourly rate.  To his surprise, General Contractor booms, “You’re worth every penny of it!”  The following month, Lawyer sends General Contractor an invoice. The invoice stated “Negotiating and drafting Monroe contract (15.5 hours) $3,100. Reviewing Greenway leases (8 hours) $1,600.”   Is Lawyer subject to discipline?

Lawyer represents Client who has been charged with burglary.  Lawyer learns that Client had removed evidence from the crime scene.   Should Lawyer tell prosecutor?

Lawyer has represented Husband in a divorce case pending in the local family court for over a year. Husband has paid Lawyer $10,000, with a $3,000 balance more than 90 days past due. Trial is scheduled in 10 days. Lawyer has become frustrated with Husband’s inability to make important decisions, advise Lawyer on how he wants to resolve the case, stick to agreements on legal strategies, or pay bills on time. Therefore, Lawyer has decided to withdraw. Lawyer wrote to Husband, “This letter confirms our telephone conversation today. Effectively immediately, I withdraw as your attorney. You should retain new counsel promptly. As soon as you remit the $3,000 in outstanding fees, I will return your case file and records.”   Is Lawyer subject to discipline?

Lawyer represents Client who has been charged with burglary.  Lawyer learns that Client had removed evidence from the crime scene.   Should Lawyer tell prosecutor?

Lawyer has represented Husband in a divorce case pending in the local family court for over a year. Husband has paid Lawyer $10,000, with a $3,000 balance more than 90 days past due. Trial is scheduled in 10 days. Lawyer has become frustrated with Husband’s inability to make important decisions, advise Lawyer on how he wants to resolve the case, stick to agreements on legal strategies, or pay bills on time. Therefore, Lawyer has decided to withdraw. Lawyer wrote to Husband, “This letter confirms our telephone conversation today. Effectively immediately, I withdraw as your attorney. You should retain new counsel promptly. As soon as you remit the $3,000 in outstanding fees, I will return your case file and records.”   Is Lawyer subject to discipline?

Lawyer and Client have known each other for some time as friends. Client recently needed to negotiate a complex business transaction, and Lawyer specializes in this practice area. Client thus retained Lawyer’s legal services, and the two worked closely together over several weeks of preparing and completing the transaction. During a few late- night meetings at Lawyer’s office, Lawyer and Client had sex. Is Lawyer subject to discipline?

Client asked New Lawyer to represent him in an eminent domain proceeding in which the state sought to obtain a right-of-way across Client’s land. New Lawyer had not handled an eminent domain case before, but planned to become competent through research and study. Unfortunately, New Lawyer did not have enough time and, instead, associated with an eminent domain specialist from another firm. New Lawyer did not consult with Client about associating with the eminent domain specialist. The specialist did about 80% of the work in the case, and New Lawyer did the other 20%.  Together, they secured a very favorable result for Client. New Lawyer sent Client a bill for a reasonable amount. Client paid the bill and New Lawyer remitted 80% of the amount to the specialist. Is New Lawyer subject to discipline?

Lawyer and Client have known each other for some time as friends. Client recently needed to negotiate a complex business transaction, and Lawyer specializes in this practice area. Client thus retained Lawyer’s legal services, and the two worked closely together over several weeks of preparing and completing the transaction. During a few late- night meetings at Lawyer’s office, Lawyer and Client had sex. Is Lawyer subject to discipline?

Client asked New Lawyer to represent him in an eminent domain proceeding in which the state sought to obtain a right-of-way across Client’s land. New Lawyer had not handled an eminent domain case before, but planned to become competent through research and study. Unfortunately, New Lawyer did not have enough time and, instead, associated with an eminent domain specialist from another firm. New Lawyer did not consult with Client about associating with the eminent domain specialist. The specialist did about 80% of the work in the case, and New Lawyer did the other 20%.  Together, they secured a very favorable result for Client. New Lawyer sent Client a bill for a reasonable amount. Client paid the bill and New Lawyer remitted 80% of the amount to the specialist. Is New Lawyer subject to discipline?

A lawyer must not comply with a discovery request from an opposing party if it would involve revealing confidential information.