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Rule 3.6 sets forth a basic general prohibition against a lawyer's making statements that the lawyer knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding.
"In representing a client, a lawyer shall not communicate about the subject of the representation with a party whom the lawyer knows to be represented in the matter by another lawyer, unless the lawyer has the consent of the other lawyer or is authorized by law to do so."
Disadvantages. The main problem with a contingency fee agreement is that it could cost the plaintiff more than standard hourly rates for a lawyer if the case settles quickly. A standard contingency fee can range between 30-40% of the final award.
"Rule 1.9(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client consents after consultation.
However, Model Rule 1.5(d) prohibits contingency fee agreements for domestic relations matters?such as divorce cases?and for the representation of a defendant in a criminal case. Most states, including California and New York, have adopted such prohibitions on contingent fees.
In a standard contingency fee agreement, the plaintiff is only responsible for paying their attorney if they win the case. In these instances, the payments are percentages of the winnings.
Contingent fees are unfair because plaintiffs are not allowed to recover the cost of the fee from the defendant--that is, add the fee to the judgment awarded. Plaintiffs must prove the economic worth of their injuries.
This type of fee is often used in accident, personal injury, or other types of legal cases in which someone is being sued. Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court.