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

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

FEDERAL COURTS

– Suspended lawyers may not work as paralegals or law clerks (E.D. Tenn.), 441

FEES

– Ed. Note: This heading covers client-paid fees. For court-awarded fees, see ATTORNEYS' FEES.
– Abstention rule applies to fee arbitration case (N.D. Cal.), In Brief, 190
– Advance fees, credit card payments may not be deposited in business account (Mich. Op.), 287
– Arbitration issues

See ARBITRATION

– Arbitrator not disqualified by tenuous link to party (Cal. Ct. App.), In Brief, 262
– Commingling funds and charging excessive fees, lawyer suspended (Mont.), 89
– Conflicts of interest, agreement giving law firm all fees on cases taken by departed lawyer unenforceable (Neb.), 181
– Contingent fees

See CONTINGENT FEES

– Disagreement does not require lawyer to withdraw from representation (Los Angeles County Op.), 384
– Disgorgement not required for all breaches of lawyer conduct rules (9th Cir.), 430
– Division of fees, firm must honor pact with firm that withdrew before case resolved (9th Cir.), 157
– Equal Access to Justice Act, limitations period begins when time for filing cert petition with U.S. Supreme Court expires (Fed. Cir.), In Brief, 382
– Hourly fee contract, client cannot offer parol evidence to assert cap on total fees (Tex.), 373
– Improper billing, fired associate has no claim against firm (Haw.), 49
– Liens

See LIENS

– Liquidated damages clause in fixed-fee multiyear retainer contract not automatically void (Okla.), 372
– Malpractice

– – Counterclaims in fee disputes, panelists discuss, 125
– – Exceeding cost estimates and raising rates did not breach fiduciary duties (Tex. Ct. App.), 207

– Misappropriation of client funds, lawyer disbarred for taking fee without estate's specific consent (Colo.), 148
– Outside lawyer, arrangement did not violate fee-sharing rules (N.Y. Sup. Ct.), 232
– Padding client bills, lawyer suspended (D.C.), 37
– Paralegal may sue to collect promised bonus despite violation of rule on fee sharing with nonlawyers (Fla. Dist. Ct. App.), 254
– Preparation of bills, lawyers may not charge clients for time spent (Md.), 351
– Referral fees

See REFERRALS

– Tax refund assigned as retainer for services cannot be applied to post-petition legal fees (10th Cir.), 12
– Threat of withdrawal for cause, pact to pay extra fees not voided by (Tex. Ct. App.), 106
– Trust account, restoring withdrawn funds not required despite later fee dispute (Colo. Op.), 144
– Unpaid fees

– – Anti-SLAPP law shields lawyer's attempt to collect after client check bounced (Mass.), In Brief, 214
– – Limitations period not extended by time spent complying with client request to turn over file after withdrawal (Mich. Ct. App.), 183
– – N.Y. lawyer may sue Cal. clients for work done by phone, fax, and e-mail (N.Y.), 11

FILES OF CLIENT

See CLIENT FILES

FIRST AMENDMENT

See FREEDOM OF SPEECH

FLORIDA

– Advertising and solicitation

– – Avvo rating system, lawyers may use, 247
– – Public interest group files challenge to state rules (M.D. Fla.), 65; federal court abstention rejected, 139

– Charging liens

– – Homestead rights, retainer agreement may not stipulate client waiver (Fla.), 32
– – Settlement proceeds, lien recognizable despite court lacking control over funds (Fla. Dist. Ct. App.), 158

– Fee contract arbitration agreements, rule changes adopted (Fla.), 42; text, 42
– Garnishment, law firm must stop payment on check drawn from trust account for client after notice received (Fla.), 235
– Malpractice

– – Passive Web site does not subject Fla. firm to suit in N.J. (D.N.J.), 208
– – Post-judgment motions must be resolved before limitations period commences (Fla. Dist. Ct. App.), 78

– Negligence of Fla. lawyer hired to assist in case, N.Y. firm liable (N.Y. App. Div.), 405
– Outsourcing legal work allowed, potential pitfalls outlined (Fla. Op.), 437
– Paralegal may sue to collect promised bonus despite violation of rule on fee sharing with nonlawyers (Fla. Dist. Ct. App.), 254
– Partnership with immigration consulting service, lawyer disbarred (Fla.), 387
– Pro hac vice status, minor breach of registration rules may not be used to revoke (Fla. Dist. Ct. App.), 76
– Representing codefendants casting suspicion on each other, lawyer suspended (Fla.), 62
– Sentencing effects of guilty plea, misadvice ineffective (Fla.), In Brief, 164
– Unauthorized practice by mortgage lenders, private remedy for borrowers (Fla. Dist. Ct. App., 11th Cir.), 208
– Unfair trade practices suit, motor vehicle records may be obtained under Driver Privacy Protection Act litigation clause (11th Cir.), 229
– Withholding key information during adoption, lawyer suspended (Fla.), 352

FOREIGN LAWYERS

See INTERNATIONAL DEVELOPMENTS

FORMER CLIENTS

– Disloyalty warranted sanctions against lawyer in appeal (Cal. Ct. App.), 408
– Disqualification required where prosecutor previously defended accused on similar charge (Mo.), 190
– Filing suit did not waive confidentiality (Ill.), 10
– Limiting scope of engagement may avert conflict (D.C. Op.), 143

FREEDOM OF SPEECH

– Advertising and solicitation

– – Avvo lawyer rating system protected (W.D. Wash.), 4
– – Fla. rules, public interest group files challenge (M.D. Fla.), 65; federal court abstention rejected, 139
– – Stolen client, claim barred by anti-SLAPP law (Cal. Ct. App.), 140

– Criminal contempt for courtroom statements, “clear and present danger” test rejected (Ga.), 105

FUNDS OF CLIENT

See CLIENT FUNDS AND PROPERTY