Rule: L Cannot take on representation when there is a conflict of interest unless:

1) L reasonably believes he can represent everyone effectively despite conflict

2) Inform each affected client

3) Consent from each affected client

Type

- conflicts between L and C

- conflicts between clients

- conflicts from 3rd parties

Duty of Loyalty: Imputed Disqualification

Rule: If one L in a law firm has a conflict in a case, all the lawyers in the firm are disqualified from the case.

Exception:

1. Firm may screen L (not include him in the case) if conflict arises:

• previous govn't work
• adverse party at a previous firm
• from a purely personal relationship

2. L does not share any part of the fee in the matter

Rule: Cannot represent a client directly adverse to a current client.

exception:

- Fair terms

- full disclosure in writing

- Opportunity to consult another lawyer

- Client provides written consent

Rule:

- Potential Conflict: L may represent C's w/ potential conflicts so long as there is consent.

- Actual Conflict: If potential conflict turns into actual conflict, L must withdraw and advise each to get separate counsel.

*CA:Does not extend this prohibition to representing a policyholder and his insurance co as joint clients, where the insurer's interest in each matter is only as an indemnity provider

Rule: Sole duty is to clients, not to any 3rd party.

* compensation from a 3rd party is permissible w/ client's consent.

Non-Contingent Fees: Must Include:

- How fee is calculated

- what services covered

- lawyer & client duties

*CA: Fee must be in writing

Contingent Fees:

- Written & Signed by client

- % of L pay

- Expenses to be deducted

- Whethere % is taken before and after expenses

CA:

- how work not covered by the contingency fee will be paid

- L's fees are negotiable

Contingent Fees are not applicable:

- In Domestic Relations

- Criminal Cases

Standard:

- Fees must be reasonable

- CA: Fees must not be unconscionable

Rule: L may split fees w/ law firm.

- Cannot split fees /w non-lawyers

*Partnership w/ non-lawyers in providing legal services is prohibited.

• non-lawyers cannot be partners, shareholders, officers, or control or direct L's professional judgment.

Rule: L has a duty to safegaurd C's property by placing C's fund in a trust account.

- L is strictly prohibited from commingling funds w/ personal funds.

- Pooled client account is permissible

Duty of Competence

1. Duty of diligence: promptly and zealously pursue case to completion
2. Duty to communicate: Keep C informed about the case. esp. about settlement offers.
3. Scope of representation:

• C = Decisions on substantive rights
• L = Decisions on procedure & legal strategy