Attorneys Fees ( Page 2 )

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Criminal

New York State Bar Approves Paying Fees in a Criminal Matter from Personal Injury Settlement

According to a recent opinion from the New York State Bar Association Committee on Professional Ethics, attorneys who represent a client in both a criminal and civil matter are permitted to use the proceeds from the civil case to cover legal fees in the criminal defense matter.
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Hampshire

New Hampshire Bar Finds Lawyer-Client Bartering is a Business Transaction

A recent opinion published by the New Hampshire Bar Association Ethics Committee finds that legal fee bartering is a business transaction with a client subject to ABA Model Rule 1.8(a) requirements, which apply a reasonable standard and include a thorough discussion with the client, the suggestion that the client seek advice from another lawyer, and written consent.
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Obligation

Ask and You May Receive: The Obligation to Deliver a Client’s File in a Specific Format

A recent opinion from the New York State Bar Association Committee on Professional Ethics finds that where a former client requests documents regarding his case, a lawyer must take reasonable measures to deliver the documents in a form in which the client can access them; however, the lawyer may charge the reasonable fees and expenses incurred in delivering the documents in the form requested. Obligation
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Federal

Proposed Amendment to the Federal Rules Would Require Disclosure of Third-Party Litigation Funding

On November 7, 2017, the Advisory Committee on Civil Rules established a new subcommittee that will study whether the potential ethical and judicial concerns surrounding third-party litigation funding merit the enactment of amendments to the federal rules that would require disclosure of outside investment in any action filed in federal court. The issue is scheduled for discussion during the committee’s April 10, 2018 meeting in Philadelphia.
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