North Carolina Disclosure by Letter from Client to Attorney Regarding Division of Fees between Attorneys

State:
Multi-State
Control #:
US-01623BG
Format:
Word; 
Rich Text
Instant download

Description

Without an agreement as to the division of fees, attorneys jointly undertaking to represent a client share equally, and this is true even though one attorney employs another attorney to assist in an action for a contingent fee. But where the client's employment of more than one attorney is not joint, or where separate attorneys render separate services, each is entitled only to the reasonable value of each attorney's services.

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FAQ

Client-Lawyer Relationship (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

You can freely admit to your lawyer that you committed a crime, and the attorney-client privilege will protect that conversation. But if your conversations with your attorney are for planning or furthering an ongoing crime or fraud, or one that hasn't happened yet, the attorney-client privilege doesn't apply.

The attorney-client privilege does not cover statements made by a client to their lawyer if the statements are meant to further or conceal a crime. For this exception to apply, the client must have been in the process of committing a crime or planning to commit a crime.

California Rules of Professional Conduct. Rule 1.8. 1 specifically outlines that an attorney may not enter into business transactions with a client. In addition, they may not knowingly acquire ownership, possession, security, or any other pecuniary interest in a client.

Most states allow?or require?attorneys to disclose information learned from a client that will prevent death or serious injury. Many have a similar rule where revealing otherwise confidential information would prevent or remedy financial injury due to a crime or fraud.

Some of the most common exceptions to the privilege include: Death of a Client. ... Fiduciary Duty. ... Crime or Fraud Exception. ... Common Interest Exception.

North Carolina Rule 1.6a states that ?[a] lawyer shall not reveal information acquired during the professional relationship with a client unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation or the disclosure is permitted by paragraph (b).

Most of the mandatory exceptions to confidentiality are well known and understood. They include reporting child, elder and dependent adult abuse, and the so-called "duty to protect." However, there are other, lesserknown exceptions also required by law.

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North Carolina Disclosure by Letter from Client to Attorney Regarding Division of Fees between Attorneys