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Opinion 12-19 |
Client Funds and Property | Fees and Expenses | Fees Paid by Third Party
An “advance payment retainer” can be used by or on behalf of a spouse in a divorce case if all of the requirements of Rule 1.15 are satisfied. The advance payment retainer should not be used, however, if the client’s purpose can be accomplished with a “security retainer.”
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Opinion 00-02 |
Confidentiality | Fees Paid by Third Party | Impaired Client
A lawyer may not divulge a psychiatric report utilized in a Social Security Disability hearing to the adult claimant’s parent unless the attorney is of the opinion that the adult claimant is disabled to the extent that a guardian should be appointed for the claimant.
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Opinion 96-06 |
Conflict of Interest - Litigation Matters | Fees Paid by Third Party | Impaired Client
Lawyer cannot continue to represent both parents and child when the parents have placed restrictions on the lawyer's representation of the child. The lawyer is required to exercise independent professional judgment on behalf of the child. The lawyer cannot be influenced by one other than the client merely because the other is paying the lawyer to represent the client.
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Opinion 91-08 |
Conflict of Interest | Fees Paid by Third Party
Attorney retained by mother and minor daughter to pursue paternity action. Case is tried, lost, appealed, briefed and argued on appeal. While awaiting decision by Appellate Court, attorney may not honor mother's instruction to dismiss appeal.
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Opinion 91-03 |
Division of Fees | Fees Paid by Third Party | Referral Fees and Arrangements
A lawyer may represent creditor/client when a collection agency retains the lawyer acting as an agent for the creditor/client but must satisfy himself that the collection agency is authorized by the creditor/client to do so; may not divide fees with the collection agency; and must ensure that the collection agency does not engage in improper solicitation for legal services or engage in the unauthorized practice of law in the marketing or performance of its services.
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Opinion 91-28 |
Conflict of Interest | Fees Paid by Third Party
Where legal services are provided for a client, which services also benefit a third party, the third party cannot establish an attorney-client relationship with the attorney in conflict with the initial client merely by paying the bill for the services initially rendered.
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Opinion 91-18 |
Fees Paid by Third Party
An attorney may represent property manager/agent members of real estate agents' association for client/owners provided that the agents are authorized to employ counsel, there is no fee splitting with the association or the member agents, and the association does not engage in improper solicitation or the unauthorized practice of law.