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(1) A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
For example, if an attorney has both the plaintiff and defendant in a given case as clients, advocating on behalf of one will inherently be advocating against the interests of the other. Attorneys must take care to check for potential conflicts prior to accepting an individual as a client.
Client-Lawyer Relationship A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
Rule 1.8 Conflict of Interest: Current Clients: Specific Rules. (3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in the transaction.
Opinion rules that, under certain circumstances, a lawyer may not represent a party whose interests are opposed to the interests of a prospective client if confidential information of the prospective client must be used in the representation.
When analyzing new evidence or information, the prosecutor must evaluate the substance of the information received, and not solely the credibility of the source, to determine whether the evidence or information creates a reasonable likelihood that the defendant did not commit the offense.
A key statutory exception to the rule against enforcing contractual attorney fee provisions is found in Section 6-21.2 of the North Carolina General Statutes (hereinafter G.S.), which allows enforcement of attorney fee provisions in notes, conditional sale contracts, and ?other evidence of indebtedness? under certain ...
Instead, we receive a percentage of any settlement or court award as our legal fee. If our attorneys win on your behalf, our maximum fee is 33 1/3% of the total money obtained through a settlement or court award. Many lawyers charge 40% and sometimes up to 50% of the total amount recovered.