Fee and client funds” ( course legal ethics)
the book is concise guide to paralegal ethics FIFTH EDITION T. CANNON.S TAYLOR AYTCH
review questions page 130-131
1-. What are the traditional objections to contingency fees? What are the most important modern limitations fees? What is a sliding -scale contingency fees?
2- What are hourly fees? In what kinds of legal matters are they typically used?
3-. What is the authority for paralegal time to be billed separately to clients? What is the advantage to the client?
4-why do some firm use alternative to hourly billing? What kinds of new fee arrangements are being developed? How do these affect paralegals?
5- What factors may be taken into account in determining if a fee is excessive?
7-what is an example of an illegal fee?
8- What kinds of billing abuse can take place in law firms, and why?
9- What is double billing? is it ethical
10- What are lawyer’s duties relating to the fee arrangement when undertaking representation of a new client?
11- Under what circumstances must a fee arrangement be in writing?
12- May a paralegal tell a client what the firm’s fee schedule is? Do the rules permit a paralegal to negotiate a fee arrangement with a client? Explain?
13- What is the difference between a retainer and an advanced fee? How should they be treated differently by a law firm?
14- What provisions should a written fee agreement contain?
15- What kinds of cost are usually charged to clients?
16- What is the purpose of the “fee shifting”?
17- Give some examples of fee shifting statutes.
18- What was the holding in Missouri v. Jenkins? Why is this decision so important for paralegals? What has happened in state and federal courts as a result of this case? In state legislatures?
19- What information should be included in a request to the court for paralegal fees as part of an award of attorney’s fees?
20- Can a firm that use paralegals who do not meet the statutory requirements for paralegals in California get compensation for thus paralegal’s time at market rates? Why or why not?
21- What are the rules about referral fees? What is the basis for these rules? Do the same rules apply to lawyers and paralegals?
22- What are the rules about fee-splitting? Are they the same for lawyers and paralegals?
23- What kind of retirement bonus and profit-sharing plans for paralegals are permitted under the ethics rules?
24- Why do the ethics rules prohibit lawyer from being partners with nonlawyers I a law practice?
25- What are the duties of lawyers and paralegals regarding client funds?
26- What is IOLT? Do many states have a program? Are such program constitutional?
27- What is client security fund? How are the funds from this program used?
28- Describe the difference between the commingling and the conversion of funds. Which is more serious?
29- How might a paralegal violate ethics in the handling of client funds?
30- When a lawyer receives a check for a judgment or settlement and the case was taken on contingency. What should he or she do with the check?
31- Do the facts that a lawyer is very busy. Has high staff turnover, and has not had a bookkeeper in months mitigate charges of commingling of funds? Why or why not?
32- What are the lawyer’s duties with regard to property held for the client?
33- What are the lawyer’s duties pertaining to client funds, files, and property when representation ceases?