Questioning competence: mentally incapacitated clients still can tell their lawyers what to do

Article Abstract:

Attorneys with mentally incapacitated clients still have the general obligation under Rule 1.2 of the ABA Model Rules of Professional Conduct to do what the client wants. This rule is augmented by Model Rule 1.14 on representing clients with disabilities, stating that lawyers with such clients should maintain a normal attorney-client relationship as much as possible. Determining clients' abilities to make decisions regarding the case is more important than determining their general mental capacity.

Legal services, Attorneys, Offices of Lawyers, Evaluation, Lawyers, Capacity and disability, Practice of law, Attorney and client

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Take my client, please; ethical guidelines for lawyer referral fees

Article Abstract:

ABA Model Rule 1.5(e)(1) is a guideline for attorney referral fees, stating that each attorney must have a written client agreement concerning the joint responsibility for legal services and that fee division must take place in proportion to the services each lawyer performs. The ethical obligations in joint responsibility are the same as those born by a partner or supervising attorney. Some jurisdictions do not permit a referring attorney to collect a fee because of conflict of interest concerns.

Economic aspects, Attorneys, Lawyers' fees, Attorney referral service, Lawyer referral service

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You can't take it with you; when can you restrict a former partner from practicing law?

Article Abstract:

Model Rule 5.6(a) forbids non-competition agreements for law firm partners except as a condition for the receipt of pension benefits. The rationale of the rule is to encourage attorneys' professional independence but, in spite of this rule, these agreements do exist. Cases on the subject focus on the type of monies withheld and the interest in law partnership survival.

Interpretation and construction, Non-competition agreements, Noncompete agreements

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