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Ethics in Association and Substitution

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Questions and Answers

What does it mean to 'associate' in a legal context?

To join and share responsibilities related to a case. (correct)
To refer the case and transfer responsibility entirely to another attorney.
To cancel the record of responsibility for a legal case.
To replace the main attorney with a secondary attorney.

Under what circumstance is it permissible for lawyers who are not in the same firm to divide a fee for legal services?

If the lawyers have a written agreement, the client provides written consent after full written disclosure, and the total fee isn't increased solely due to the division. (correct)
If the court approves the fee division, even without client consent.
If the division is proportional to the work each lawyer performed, regardless of client consent.
If the client consents in writing and the total fee is reasonable.

What constitutes 'full written disclosure' to the client regarding a fee division agreement among lawyers in different firms?

Disclosing the fact that a division of fees will be made, the identities of the lawyers or firms involved, and the specific terms of the division. (correct)
Assuring the client that the fee division will not affect the quality of legal services.
Informing the client that a fee will be divided and providing a general estimate of the involved amounts.
Providing a summary of the lawyers' qualifications and experience.

What is the primary ethical concern addressed by the rule governing fee divisions among lawyers not in the same firm?

Protecting clients from potentially inflated fees and undisclosed agreements. (D) Signup and view all the answers

What is the consequence of failing to adhere to Rule 1.5.1 regarding fee division agreements?

The agreement may be deemed unenforceable, and the lawyers may face disciplinary action. (C) Signup and view all the answers

When must the client provide written consent to a fee division agreement?

At the time the lawyers enter into the agreement to divide the fee or as soon thereafter as reasonably practicable. (D) Signup and view all the answers

In the context of fee division agreements, what does the requirement that the 'total fee charged not be increased solely by reason of the agreement to divide fees' aim to prevent?

Ensuring that fee divisions do not result in clients paying more than they would if only one lawyer or firm were handling the case. (C) Signup and view all the answers

According to legal precedent, in the absence of a written fee-splitting agreement, what recourse might an attorney have to recover promised compensation?

Pursue a claim based on quantum meruit (A) Signup and view all the answers

Which of the following is not a suggestion to ensure compliance with Rule 1.5.1?

C) The fee division should only be explained at the end of the case. (C) Signup and view all the answers

What is the key difference between a Notice of Association (NOA) and a Substitution of Attorney (SOA)?

B) NOA is a formal document indicating an additional attorney's involvement, but SOA is required to replace an attorney of record. (B) Signup and view all the answers

Study Notes

Meeting Notes - Association and Substitution

Date: February 7, 2025
Time: Various times throughout the day
Participants: Luis General, Ish Cayanan, Garnet Salem, Yazmin Chavez, Ana Gallana
Topic(s): Association versus Substitution, Ethical Considerations, Rule 1.5, and Presentation of Ethical Considerations

Presentation Discussion

Topic: Association versus Substitution, presenting ethical considerations.
Purpose: To discuss the Association versus Substitution presentation.
Action Items: The participants discussed the presentation content and its clarity.

Rule 1.5 Discussion

Rule 1.5: A key discussion point that focuses on associations and substitutions related to the ethical considerations in the presentation.
Rule 1.5.1: The rule has been revised, with changes to numbering, but the wording remains identical.
Key Requirement: The basic rule 1.5.1 requires agreement between parties and a focus on client interests.

Additional Points

Clarification: Confusion regarding the application aspects of the rule.
Consent: Specific concern regarding client consent prior to fee divisions.
Documents: The discussion involved documents to reference, suggesting a need for clarification of specific parts.

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