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

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Multi-State
Control #:
US-01623BG
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Word; 
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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

Prof. Cond. 4.2. In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Lawyers withdraw from cases all the time, and it usually does not impact the judge's perception of the client unless the client has had multiple changes in legal counsel with attorneys that have a good reputation with the court.

ABA Model Rules 1.7 and Rule 1.9 both require that the lawyer disclose the facts and circumstances surrounding the potential conflict to enable the client to make an informed decision concerning the attorney's representation.

The bright line rule states that a lawyer, or law firm, cannot represent two clients who have adverse legal interests without first obtaining their informed consent.

(g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, or socioeconomic status in conduct related to the practice of law.

While physicians who engage in sexual activities with their patients are subject to removal from their profession, there is no similar policy with respect to lawyers.

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.

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