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What is a “retainer agreement”?

This is most often confirmed by a written “retainer” agreement in which the client expressly and exclusively retains a lawyer and his/her law firm to represent the client in a specific legal matter.

What does it mean to establish the attorney-client relationship?

Establishing the Attorney-Client Relationship. In any event, once the requisite attorney-client relationship is established, the attorney owes to the client the duty to render legal service and counsel or advice with that degree of skill, care, and diligence as possessed by or expected of a reasonably competent attorney under...

How to resolve a fee dispute with a lawyer in Florida?

However, if the client is represented by counsel as to the fee dispute, the lawyer must comply with Rule 4-4.2, the rule regarding communications with represented parties, and communicate with the client’s lawyer. Also, The Florida Bar offers a fee arbitration program aimed at resolving such disputes.

What is the attorney-client privilege and the duty of confidentiality?

The attorney-client privilege and the duty of confidentiality is an integral part of being an effective, ethical, and law-abiding attorney. The Law Offices of Yale L. Galanter, P.A. have been able to achieve successful results for their clients through aggressive negotiation and effective litigation.

How do we determine the existence of attorney client relationship?

1. An attorney-client relationship is established from the very first moment the client asked the attorney for legal advice regarding the former's business. To constitute professional employment, it is not essential that the client employed the attorney professionally on any previous occasion. 2.

Are attorney fee agreements discoverable Florida?

Summary. The Florida Supreme Court recently held that the billing records of the attorney retained by the insurer to defend a lawsuit for insurance benefits or bad faith are discoverable when the insured moves for attorney fees.

Are emails between lawyer and client discoverable?

Emails are discoverable, unless they are subject to the Attorney Client or Work Product Privilege. It is important to note that forwarding a privileged email to a party outside of the attorney client relationship will likely result in the waiver of the privilege. Emails of in-house counsel are especially sensitive.

What are the elements necessary to establish an attorney client relationship?

The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.

How do you prove reasonableness of attorney fees in Florida?

Therefore, a motion for attorney's fees must be proven by (a) testimony of the total hours performed by the attorney and any associates and paralegals; (b) testimony of the reasonable hourly rate of all of these, and (c) testimony that the hours were reasonable and necessary for the representation of the party.

Are all emails between attorney and client privileged?

Emailed correspondence between attorney and client is privileged. However, the client can take some actions which will waive this attorney client privilege.

What emails are discoverable?

Still, personal emails are certainly discoverable under the Federal Rules of Civil Procedure. Specifically, personal emails would be considered “electronically stored information” under FRCP 34(a)(1)(A) and discoverable so long as they meet the relevance and proportionality requirements of FRCP 26(b).

Are emails between two attorneys privileged?

Evidence Code 954 is the California statute that makes communications between attorneys and their clients privileged and confidential. This is what is known as the “lawyer-client privilege” (or the “attorney-client privilege”).

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

What are lawyers not allowed to do?

“An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which ...

Can an attorney refuse to represent a client?

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or status of life, or because of his own opinion regarding the guilt of said person.

What is retainer fee?

A retainer is defined in 7A CJS, Attorney and Client, §282, at 522 as follows: A retaining fee is a preliminary fee given to an attorney or counsel to insure and secure his future services, and induce him to act for the client.

Can a prepaid attorney fee be held in trust?

On the other hand, the prepaid fee may be given to the attorney with the understanding that it is a deposit securing a fee that is yet to be earned. Such money does not belong to the lawyer, and should be held in trust until it has been earned by performance of the agreed-upon services.

Why is it important to have attorney-client privileges?

While the attorney-client privileges applies in all types of legal matters, it is especially important in criminal matters where clients often tell their lawyers information that could be extremely damaging if disclosed.

Is attorney-client privilege absolute?

Keep in mind that the attorney-client privilege is not absolute. Even if the above four elements are established and the requirements of Section 90.502 are met, the attorney-client privilege does not exists in these five circumstances: (1) when a client seeks or obtains an attorney to aid in the commission of a crime or in the planning ...

How to sign a retainer agreement?

If you signed a retainer agreement when your hired your lawyer, it may include specific duties that you owe your lawyer. Because the retainer agreement is a contract, you are legally bound by its terms. In general, clients have the following duties: 1 Be truthful with your lawyer. 2 Cooperate with your lawyer and respond to requests for information in a timely manner. 3 Attend meetings and legal proceedings, such as a deposition or mediation. 4 Be courteous to your lawyer and his or her team. 5 Don’t ask your lawyer to do anything illegal or unethical. 6 Pay your legal bills in a timely manner.

What are the duties of a retainer?

In general, clients have the following duties: Be truthful with your lawyer. Cooperate with your lawyer and respond to requests for information in a timely manner. Attend meetings and legal proceedings, such as a deposition or mediation.

What happens if a lawyer violates the rules?

If your lawyer violates these rules, he or she can be disciplined or even face a legal malpractice suit.

What are the rules of professional conduct?

Each state has its own ethical rules for lawyers, called the rules of professional conduct. When lawyers fail to live up to this code of conduct, the state disciplinary board can take action against them—from a simple warning to disbarment (losing the license to practice law forever).

How to be courteous to a lawyer?

Be courteous to your lawyer and his or her team. Don’t ask your lawyer to do anything illegal or unethical. Pay your legal bills in a timely manner. These duties are often implied as part of the attorney-client relationship, even if you didn’t expressly agree to them in a retainer agreement.

What is attorney-client privilege?

When you seek advice from an attorney about a legal matter, your private communications with your lawyer are protected by the attorney-client privilege. This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission.

How to represent you in court?

represent you competently, zealously, and within the bounds of the law. keep conversations with you confidential, except in specific and rare occasions. communicate with you in a timely and effective manner. keep you informed of developments in your case.

What is the fight over attorneys fees and costs?

Nowadays, the fight over attorneys’ fees and costs due a prevailing party at the end of litigation can be just as contentious — and consequential to the parties — as any single piece of the litigation itself. Parties gather evidence and present expert testimony, with the nonprevailing party contending throughout that the case was simple, should not have taken as much time or effort as it did, or that the prevailing party’s counsel was otherwise unreasonable in its prosecution (or defense) of the action. Sometimes, the party opposing the fee and cost award references its own amount of time expended as a benchmark against which the reasonable amount of fees and costs awardable should be judged. Alternatively, the party seeking the fee and cost award might seek the opposing side’s fee information for the purpose of establishing the reasonableness of its own time. In either event, though, how truly relevant is an opponent’s billable time?

Does time have to be recognized to be considered unrewarding?

Time must, however, be recognized, else opposing counsel might make every case unrewarding by requiring maximum exertion and thus effectively prevent effectuation of one of the purposes of statutes authorizing the award of attorney’s fees: to enable the litigant to gain the services of counsel. 81.

Do Florida courts take into consideration attorneys fees?

There can be no disputing that in decisions rendered in Florida and elsewhere, trial courts take into consideration the attorneys’ fees paid by a nonprevailing party in determining the reasonableness of the fees sought by a prevailing party.

What is a representative of a client in Florida?

Two more important points to keep in mind concerning Florida’s rule against this type of misconduct include: A “representative of a client” essentially includes an agent of the client vested with the authority to supervise, direct or regularly consult with the organization’s lawyer, or otherwise bind the organization through action or inaction.

Why do attorneys have a duty to exercise independent professional judgment on behalf of clients?

The basis for this rule stems from a recognition that attorneys have a duty to exercise independent professional judgment on behalf of clients and how the existence of a sexual relationship could severely compromise the ability to do this . It also stems from the recognition that a sexual relationship could severely undermine the mutual trust ...

Can a lawyer provide legal services to a client?

However, the lawyer in the relationship cannot provide any legal services to the client and must be screened from access to their file. Here’s hoping this information proved helpful. As always, if you have concerns about legal malpractice, consider speaking with an experienced legal professional as soon as possible.

Can an attorney engage in sexual activity with a client?

The Rules Regulating the Florida Bar expressly declare that an attorney cannot engage in sexual conduct with either a client or a representative of a client that “exploits or adversely affects the interests of the client or the lawyer-client relationship.”. The basis for this rule stems from a recognition that attorneys have a duty ...

What is the duty of an attorney to a client?

In any event, once the requisite attorney-client relationship is established, the attorney owes to the client the duty to render legal service and counsel or advice with that degree of skill, care, and diligence as possessed by or expected of a reasonably competent attorney under the same or similar circumstances.

What are the circumstances of an attorney?

The “circumstances” may include the area of law in which the attorney practices (although all attorneys are deemed to have basic legal skill and knowledge in the general practice of law), the customary or accepted practices of other attorneys in the area, and the particular circumstances or facts surrounding the representation.

What is the legal duty of an attorney?

First and foremost, an attorney must owe a legal duty to a person before his or her competency in performing that duty can be judged. In American jurisprudence, a lawyer has no affirmative duty to assist someone—in the absence of a special relationship with that person (such as doctor-patient, attorney-client, guardian-ward, etc.). That “special relationship” between an attorney and his/her client is generally established by mutual assent/consent. This is most often confirmed by a written “retainer” agreement in which the client expressly and exclusively retains a lawyer and his/her law firm to represent the client in a specific legal matter.

Can an attorney-client relationship exist without a contract?

Under rare and limited circumstances, a court may infer that an attorney-client relationship existed as a matter of law, even without a contract or agreement between the parties, and even without the attorney’s assent. Such a legal conclusion may be drawn from the facts presented, such as reliance on the part of the client ...

Is a retainer dispositive in a case?

The paying of a fee or retainer is not dispositive in ...

What is the underpinning of the holding that a lawyer has no present right to the fee?

The underpinning of this holding is that where the contingency has not occurred , the lawyer has no present right to the fee. Further, the committee found that a lawyer has an ethical obligation to avoid prejudice to the client’s interests.

What happens when a lawyer is in possession of property?

The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute.

What is the rule for holding trust funds?

Additionally, Rule 5-1.1 requires the lawyer to hold in trust funds that are in dispute between the lawyer and client while taking measures to resolve the dispute. The lawyer must resolve the dispute before disbursing the funds.

Can a lawyer file a 1099-C?

Finally, a lawyer may not file, or threaten to file, a Form 1099-C in order to induce a client to pay a delinquent fee.

Can a lawyer negotiate a fee dispute?

First, the lawyer may directly negotiate the fee dispute with the client. However, if the client is represented by counsel as to the fee dispute, the lawyer must comply with Rule 4-4.2, the rule regarding communications with represented parties, and communicate with the client’s lawyer. Also, The Florida Bar offers a fee arbitration program aimed ...

Can a lawyer represent a client?

The rule states that a lawyer shall not represent a client if the representation will be “materially limited … by a personal interest of the lawyer.”. Rule 4-1.7 (a) (2). If the representation would be limited in such a way, a conflict exists.

Do lawyers have to remit to clients?

The lawyer is not required to remit to the client funds that the lawyer reasonably believes represent fees owed. However, a lawyer may not hold funds to coerce a client into accepting the lawyer’s contention.

What is an attorney-client relationship?

An attorney-client relationship can form when any of the following occurs: A formal letter of engagement or contract for legal services is signed by the attorney and client. A client pays a retainer or makes a payment to an attorney in exchange for legal services. A person asks an attorney for legal advice and the attorney provides it ...

What to do when someone asks you a legal question?

When someone asks you a legal question, suggest that the person seek the advice of an attorney rather than answering the question yourself. No attorney wants to receive a phone call from a person who has gotten into legal trouble because he or she followed your unintentional legal advice.