Attorney Sleeping With Client In Massachusetts
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The records associated with unclaimed and unidentified funds may be necessary to a later determination of ownership of those funds pursuant to Rule 1.15(i). Rule 1.15A prohibits a lawyer who has transferred such funds from destroying the related client file or files for up to 10 years.
(a) All documents e-filed must be served Except as otherwise provided in the Massachusetts Court Rules and Orders, or as otherwise ordered by the court, all electronically filed documents must be served on all other parties. Any document filed through the e-filing system must include a certificate of service.
For example, under Rule 1.7, before seeking a waiver, the lawyer has to reasonably believe that he or she can provide competent and diligent representation to each affected client. A lawyer cannot obtain informed consent to a nonwaivable conflict.
(a) A lawyer shall not advance two or more adverse positions in the same matter.
(a) A lawyer shall not, without informed written consent from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.
Rule 1.7(a)(2) of the Massachusetts Rules provides that a lawyer has a conflict of interest if there is a significant risk that the representation of a client will be materially limited by the lawyer's personal interest.
(c) A lawyer may delay transmission of information to a client if the lawyer reasonably believes that the client would be likely to react in a way that may cause imminent harm to the client or others.
The records associated with unclaimed and unidentified funds may be necessary to a later determination of ownership of those funds pursuant to Rule 1.15(i). Rule 1.15A prohibits a lawyer who has transferred such funds from destroying the related client file or files for up to 10 years.
Representing yourself If you don't want to or can't hire an attorney to represent you in court, you can represent yourself. Due to the complexity of custody law, experts don't recommend this. Pro se (self-representing) parents must follow the same rules and procedures as lawyers.
Importantly, the Model Rules do not prohibit a lawyer from talking to opposing counsel. So, why even talk about Rule 8.4 here? Well, unfortunately, there are lawyers out there who will seek to have a paralegal do their dirty work for them.
