Ethical Considerations to Uphold With New Client Inquiries
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Understanding how to manage conflicts of interest while maintaining an overview of the professionalism is essential in representing new clients within your legal practice.The client intake process can be fraught with ethics issues. When a lawyer takes on a new client, or even speaks with a prospective client, conflicts can arise, the scope of the engagement may be unclear, or the client may have unrealistic expectations. This topic will help lawyers identify the key ethics issues that can arise when a lawyer is deciding whether to take on a new client. The material will also provide some practical and helpful risk management tips for lawyers during the client intake process.
Authors
Tyler Maulsby, Frankfurt Kurnit Klein & Selz PCAgenda
Overview of the Rules of Professional Conduct
• Purpose of the Rules in Everyday Practice
• What Rules Apply
• Rules Relevant to New Client Inquiries
Conflicts of Interest: Analyzing Conflicts Before Taking on a New Client
• Considerations When Dealing With Prospective Clients
• Current Client Conflicts
• Former Client Conflicts
• How to Seek a Conflict Waiver
Defining the Representation and Effective Communication
• Importance of Retainer Agreements and Key Provisions
• Defining Your Fee and Managing Expectations
• Limited Scope Representation