Bad references: beware of ethical hazards when nonlawyers offer referral fees

Article Abstract:

The ethics committees of state bars disagree on when and whether lawyers may accept referral fees from nonlawyers, though the ABA's Model Rules of Professional Conduct bar all lawyers from paying such fees. In NY, the Committee on Professional Ethics held that the client being referred must consent after full disclosure. Members of the NH committee split over several issues involved, but agreed that its Rule 1.7(b) applies. The MI group offered the most restrictive opinion.

Laws, regulations and rules, Ethical aspects, Legal ethics, Attorney referral service, Lawyer referral service, states

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Confidentiality speaking; paralegal hired from opposing firm may need to be isolated to avoid conflicts

Article Abstract:

Law firms who hire legal assistants from opposing firms in the middle of a large case may need to isolate them as a way of avoiding conflicts. The old law firm should admonish the paralegal not to disclose client information, while the new firm must not request or permit its revelation. The client should also find out about the employee's move if this person had a close working relationship with the client.

United States, Prevention, Employment, Conflict of interests (Attorneys), Conflicts of interest (Lawyers), Legal assistants

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