ABA/BNA Lawyers' Manual on Professional Conduct: Current Reports Index-Summary

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

FEES

– Ed. Note: This heading covers client-paid fees. For court-awarded fees, see ATTORNEYS' FEES.
– Adoption court may not sua sponte reduce fees based on notions of reasonableness (Pa. Super. Ct.), 490
– Arbitration award, fee dispute improperly returned to arbitration panel to include interest in award (Cal. Ct. App.), 445
– Bankruptcy court competition for big cases results in illegal practices, study finds, 277
– Cash payments, lawyer disbarred after guilty plea to violating IRS reporting laws (Wash.), 415
– Client audit expense, payment may be made directly to auditor from firm operating account (N.Y. Op.), 13
– Conflicts of interest, lawyers suspended for modifying fee arrangement to favor firm over client (La.), 388
– Contingent

See CONTINGENT FEES

– Credit cards

– – Payment by cards, lawyers may accept (D.C. Op.), 248
– – Transactional fees, lawyers may pass on to clients who pay with credit (Va. Op.), 247

– Division of fees

– – Anti-SLAPP law cannot be invoked to escape fee-splitting suit against co-counsel (Cal. Ct. App.), 240
– – Fired attorney may collect contingent fee per fee-sharing pact with co-counsel (Ind. Ct. App.), 515
– – Incentive bonus plan for nonlawyer marketing expert improper (Del. Op.), 82

– E-mail swindles, consequences for attorney victims, conferees discuss, 231
– “Flat fee” is advance for services not yet performed, must be placed in escrow account until earned (D.C.), 525
– For-profit home loan modification services, lawyers may not pay referral fees to or share fees with (N.J. Op.), 472
– Misappropriation of funds, lawyer disbarred for taking fee prior to court approval (D.C.), 132
– Nonrefundable fees

– – Characterization improper (Alaska Op.), 294
– – Flat rate fee charged in foreclosure case, lawyer suspended (Ohio), 117

– Reduction in fees for own divorce case, judge suspended for negotiating while appointing personal lawyer as mediator in cases in his courtroom (Minn.), 528
– Referral fee underpayment, dismissal of suit against law firm not required despite inability to mount defense without revealing client secrets (Cal. Ct. App.), 514
– Retainers

See RETAINER AGREEMENTS

– Statutory fee waiver, lawyers may offer settlements conditioned on (Cal. Op.), 293
– Unpaid fees

– – Attorney-client privilege not always waived in suit between firm and ex-client (Ohio Ct. App.), 286
– – Law firm may assign right to collect (Neb.), 209
– – Liens

See LIENS

– – Limitations period for filing suit to recover, request by client for file does not extend (Mich.), 407
– – Out-of-state clients, N.C. ruling enforceable against (S.C.), In Brief, 410
– – Withdrawal motion, denial improper after client refused to pay (6th Cir.), 162

FIDUCIARY DUTY

– Coerced sex, client breach claim must show tangible loss (Ark.), 189
– Disloyalty, client breach claim must specify (Mo.), In Brief, 12
– Former client's interests in related matter, lawyer may have duty to protect (S.C. Ct. App.), 378
– Potential malpractice claim, failure to reveal was not breach (8th Cir.), 48

FILES OF CLIENT

See CLIENT FILES

FIRST AMENDMENT

See FREEDOM OF SPEECH

FLORIDA

– Advertising and solicitation on websites, Fla. Bar proposal rejected (Fla.), 137
– Attorney-client privilege and work product protection, law firm's internal litigation management system covered by (Fla. Dist. Ct. App.), 5
– Free speech rights of dissenting members, state bar did not violate by allowing section to file amicus brief on gay adoption (Fla.), 321
– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Lobbyist regulation proper (Fla.), 158
– Malpractice

– – Jurisdiction

– – – Fla. law firm must defend suit in Ariz. (D. Ariz.), In Brief, 81
– – – In-state client referred to Tex. firm, Fla. firm not subject to suit in Tex. (Tex. Ct. App.), 290

– – Standing, insurer may sue counsel hired to represent insured (M.D. Fla.), 377

– Reinstatement

– – Consulting work during suspension precludes reinstatement, legal advice provided (Fla.), 390
– – Reciprocal disbarment, continuing disbarment elsewhere prevents lawyer from seeking reinstatement (Fla.), 84

– Starting company in same business as corporate client without consent, lawyer suspended (Fla.), 116
– Taking over corporations from client facing securities fraud charges without valid conflicts waiver, lawyer suspended (Fla.), 297

FORMER CLIENTS

– Anti-SLAPP law does not bar former client suit to disqualify firm (Cal. Ct. App.), 165
– Attorneys' fees, offer-of-judgment statute does not allow award to law firm representing itself in fee dispute (Nev.), 7
– Confidentiality, client's secrets may include matters of public record (Iowa), In Brief, 362
– Corporate formalities, past advice disqualifies firm from opposing (Mass. App. Ct.), 285
– Defamation, lawyer reprimanded for filing suit against former client over statements to disciplinary authorities (La.), 170
– Duties owed, conferees discuss, 305
– Incompetency of elderly client, lawyer suspended for unsupported request to declare (Wash.), 360
– Malpractice, lawyer may have fiduciary duty to protect client's interests in related matter (S.C. Ct. App.), 378

FREEDOM OF SPEECH

– Advertising and solicitation, La. rules amended but legal challenges move ahead, 367; rules upheld except internet ad requirements (E.D. La.), 435
– BAPCPA debt relief agency restrictions do not limit lawyers' rights (5th Cir.), 4; (U.S., rev grant), 292; ABA amicus brief urges exclusion of lawyers from definition of debt relief agency, 501; oral argument set, 532
– Disciplinary proceedings, gag rule violates rights (La.), 208; text of rule, 208
– Ex parte contacts with class action members, lawyer properly sanctioned for sending letter criticizing proposed settlement (Cal. Ct. App.), 352
– Good faith legal advice, lawyer may not be prosecuted for giving (N.Y. App. Div.), 57
– State bar, no violation of dissenting members' rights by allowing section to file amicus brief on gay adoption (Fla.), 321
– Trial conduct, Fieger lacks standing to challenge state rules requiring “courtesy” and “respect” from lawyers, judgment vacated (E.D. Mich.), 50

FRIVOLOUS CLAIMS

– Anders briefs for meritless criminal appeals

– – Appointed counsel may not use (Ind.), 384
– – Contents of brief detailed (Pa.), In Brief, 492

– Debt collection claim, sanction under FDCPA imposed solely on client, not lawyer (9th Cir.), 325
– Insurer payment of litigation costs does not bar attorneys' fee award (Md. Ct. Spec. App.), In Brief, 491
– Malpractice, client who pursued baseless suit is barred by own wrongdoing from suing lawyer (N.C. Ct. App.), 461
– Opposing counsel, attorneys' fee award warranted for suit against (D.C.), 52
– Rule 11 sanctions

– – Nonpayment of sanctions for filing meritless suit, lawyer disbarred (N.Y. App. Div.), 18
– – Pro se lawyer defending against meritless suit not entitled to attorneys' fees (Cal.), 51
– – Public reprimand sufficient to deter repeat violations (3d Cir.), 324

– Section 1927, attorneys' fee awards as sanctions

– – Bad faith not required for imposition of penalty (1st Cir.), 324
– – Individualized findings of each attorney's misconduct required for award (3d Cir.), 486; correction, 519
– – Persistence in pressing meritless suit warranted award (2d Cir.), 323

– Securities fraud, bad faith not required to impose attorney sanctions under PSLRA for meritless suit (2d Cir.), 484
– Suspended lawyer who asserted frivolous defense while acting pro se during suspension disbarred (Va.), 251
– Theft by extortion, lawyer properly convicted for threatening to bring meritless suit unless victim paid (N.H.), 438

FUNDS OF CLIENT

See CLIENT FUNDS AND PROPERTY