Recognized by Chambers USA as one of the top litigators in North Carolina, Amy Richardson is managing partner of HWGs Raleigh office and as Chair of the firms Legal Ethics and Malpractice group. Attorney discharged without cause may not recover damages under a non-contingency contract for services not rendered before the discharge. Rule 1.8.8 Limiting Liability to Client Legal Ethics, The Lawyer's Deskbook on Professional Responsibility (ABA 2018) RESTATEMENT OF THE LAW OF AGENCY, THIRD, 8.05 Mar 19, 2018 | Attorney Client Relationship, Blog, Professional Conduct for Lawyers, Professional Ethics for Lawyers, Resources. Protecting the public & enhancing the administration of justice. Rule 3.5 Impartiality and Decorum of the Tribunal In this session, we will explore the contours of attorney-client communications, including the duty that is owed and instances in which an attorney can divulge client information even against the wishes of a client. Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the client's cause. The Ethics Division does not handle lawyer . (2) settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel in connection therewith. interests. Withdrawing Prior to Natural Conclusion of Representation . Lawyer-Client Relationship (Rules 1.1 - 1.18) 2 Comment Allocation of Authority between Client and Lawyer [1] Paragraph (a) confers upon the client the ultimate authority to determine the purposes to be served by legal representation, within the limits imposed by law and the lawyer's professional obligations. Lauren Snyder, Vice Chair of the HWGs Legal Ethics and Malpractice group, focuses her practice on legal ethics and malpractice, complex civil litigation, and government enforcement actions. Opinion 78-4 FLORIDA BAR ETHICS OPINION OPINION 78-4 Advisory ethics opinions are not binding. Previously, Mr. Osman was a senior partner at Anderson, McPharlin & Conners LLP in Los Angeles. Adhering to the ethics requirements and dealing with clients . For a case closing letter to be most effective, follow these best practices: Be timely. For example, in In re Disciplinary Proceedings Against Atta, an attorney represented a client in a divorce proceeding. (ii)written notice is promptly given to the prospective client. In other words, the lawyer can never divulge the client's secrets without the client's permission, unless some kind of exception (see below) applies. The lawyer's disclosure shall include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement. Client-Lawyer Relationship. The Bar regulates approximately 18,500 active attorneys and provides education and development programs for the legal profession and the public. We will also explore whether you are required to do everything your client asks of you. Rule 1.5 Fees for Legal Services . Specifically, the court identified two prior property disputes in which the firm had represented the plaintiffone involving a driveway dispute on the same parcel of land that was at issue in the driveway litigation. The common interest doctrine can sometimes protect from the otherwise harsh privilege waiver impact normally triggered by the sharing of privileged communications among separately represented clients. Michael E. McCabe, Jr: Washington D.C. Area Office Prior to entering law school, Julienne worked as a Project Assistant for the Healthcare and FDA Enforcement practice groups in the Washington, D.C. office of a large international law firm. Rule 1.8.11 Imputation of Prohibitions Under Rules 1.8.1 to 1.8.9 As you may have noticed in the holding from the Court, attorney client relationship ethics relies on common sense. A fundamental principle in the client-lawyer relationship is that, in the absence of the client's informed consent, the lawyer must not reveal information relating to the representation. Lawyers face many challenges in their profession. . American Bar Association Lauren has represented various individuals and corporations in a wide range of federal criminal investigations and prosecutions, including investigations and prosecutions related to price-fixing cartels, mail and wire fraud, off label use of medical devices, and financial crimes. Rule 1.18 Duties To Prospective Client. Clients are also often emotionally vulnerable when they come to their lawyers for help. (e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: (1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; (2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client; and. Rule 1.3 Diligence Lawyer-client relationship is the most important aspect of professional life of lawyers. Californias prior rule was criticized for being under-enforced because it left too many outs for the lawyersuch as requiring bar counsel to demonstrate that the sex resulted in the lawyer doing something else unethical, such as providing incompetent representation. A federal court has ruled that a law firm and two lawyers that represented a firm partner in an adverse action against a former firm client may have committed legal malpractice and breached their duty of loyalty to that client. The scope of the representation depends on the terms of the agreement. Rule 6.4 Law Reform Activities Affecting Client Interests . Sometimes standing on principlefor a few yards of grassdoes not lead to the most favorable outcome, she continues. client has placed complete trust in the lawyer who is bound to act in the best Amy counsels and represents lawyers and law firms in disciplinary investigations and prosecutions and malpractice matters. Be diligent. duties flowing from the clientlawyer relationship attach only after- the client has requested the lawyer to render legal services and the lawyer has agreed to do so. Rule 1.9 Duties to Former Clients If the client reason- ably believes that there is an attorney-client relationship, then the lawyer has professional obligations to . Rule 7.2 Communications Concerning a Lawyer's Services: Specific Rules It's time to renew your membership and keep access to free CLE, valuable publications and more. Well, not exactly. And now the majority of jurisdictions in the United States include an outright ban on attorney-client intimacy during the course of the professional relationship. 96-12 (1997) ("if legal advice is sought from an attorney, if the advice sought is . Julienne Pasichow is an associate at HWG LLP. The ban carves out only sexual relationships that predate the attorney-client relationship - after all, lawyers should be free to represent their spouses. Emil J. Ali: Los Angeles Area Office, 2023 McCabe & Ali, LLP | McCabe//Ali means McCabe & Ali, LLP | All Rights Reserved | Privacy Policy| Disclaimer, Attorney-Client Sex: A Bad Idea Thats Also Unethical. The sessions will focus on practical application. Clients come to their lawyers for help in solving their legal problems. Rule 1.8.5 Payment of Personal or Business Expenses Incurred by or for a Client Rule 5.1 Responsibilities of a Partner or Supervisory Lawyer. March 1, 2023. Amy also assists clients in identifying, complying with and discovering noncompliance with complex and evolving federal regulatory requirements. Whether or not the lawyer is practicing in a jurisdiction that has adopted some version of Rule 1.8(j), if the lawyer is considering entering into an intimate relationship with a client, they should consider what is in the clients best legal interests. 2013; & Jan. 2011, Los Angeles County Bar Inn of Court (Los Angeles, CA): Mar. The lawyers number one job is to protect their client. Pay your legal bills in a timely manner. Loyola of Los Angeles Law Review; Entertainment & Sports Law Society (Vice-President, 2001-2002); Christian Legal Society (President, 2000-2002), James Madison University, Harrisonburg, Virginia, 1997, B.M. Attorney-Client Relationship . She has a great combination of knowledge and grace.. (cum laude), Major: Music, Minor: Business, Resident Advisor; Music Industry Society (President, 1994-1996); Phi Mu Alpha Sinfonia (Historian, 1994-1996); JMU Marching Band, State Bar of California, member, 2002-present, Beverly Hills Bar Associations IP, Internet & New Media Section, Executive Board, 2003-2008, membership chair, Hollywood United Methodist Church, Board of Trustees, 2008-present (Chair 2011 2012), Los Angeles County Bar Association, member, 2002-present, Beverly Hills Bar Association, member, 2002-2009, National Academy of Recording Arts & Sciences, member, 2008-present, Phi Mu Alpha Sinfonia, member, 1994-present, Ancient Arabic Order of the Nobles of the Mystic Shrine, member, 2006-present, Masonic Lodge No. Rule 1.4.1 Communication of Settlement Offers. Chapter 1. Grant of Motion to Compel Arbitration in alleged class action against multi-national corporation where arbitration clause required individual resolution. Rule 1.8.9 Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review Rule 1.4 Communication with Clients. (d)When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if: (1)both the affected client and the prospective client have given informed consent, confirmed in writing, or: (2)the lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and, (i)the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and. 99-634, June 10, 2002. Rule 1.2.1 Advising or Assisting the Violation of Law. fiduciary relationship exists: [w]herever confidence on one side results in superiority and influence on the other side; where a special confidence is reposed in one who in equity and good conscience is bound to act in good faith and with due regard to the interests of the one reposing the confidence; where confidence is reposed and accepted, whether the origin is moral, social, domestic, or merely personal; or where a person has knowledge and authority which he is bound to exercise for the benefit of another person. (2003) (attorney client relationship can be formed based on conduct of the lawyer and expectations of the client."); Henry Filters, Inc. v. Peabody Barnes, Inc., 82 Ohio App . Serving as lead counsel in a multidistrict litigation involving possibility liability over $250 million dollars. Client-Lawyer Relationship. Rule 1.4 Communication with Clients Maintaining the Integrity of the Profession, Compendium on Professional Responsibility Index, MCLE Requirements for Certified Specialists, Instructions for Essay Questions and Performance Test, Multistate Professional Responsibility Examination, Further Investigation and Informal Conferences, Multijurisdictional Practice (MJP) Program, Out-of-State Attorney Arbitration Counsel (OSAAC), Volunteer Opportunities to Assist Veterans and Service Members, Rule 1.2 Scope of Representation and Allocation of Authority, Rule 1.2.1 Advising or Assisting the Violation of Law, Rule 1.4.1 Communication of Settlement Offers, Rule 1.4.2 Disclosure of Professional Liability Insurance, Rule 1.6 Confidential Information of a Client, Rule 1.7 Conflict of Interest: Current Clients, Rule 1.8.1 Business Transactions with a Client and Pecuniary Interests Adverse to the Client, Rule 1.8.2 Use of Current Clients Information, Rule 1.8.5 Payment of Personal or Business Expenses Incurred by or for a Client, Rule 1.8.6 Compensation from One Other Than Client, Rule 1.8.9 Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review, Rule 1.8.10 Sexual Relations with Current Client, Rule 1.8.11 Imputation of Prohibitions Under Rules 1.8.1 to 1.8.9, Rule 1.10 Imputation of Conflicts of Interest: General Rule, Rule 1.11 Special Conflicts of Interest for Former and Current Government Officials and Employees, Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral, Rule 1.15 Safekeeping Funds and Property of Clients and Other Persons, Rule 1.16 Declining or Terminating Representation. That is, it is largely regulated by lawyers and judges themselves rather than by the government or outside agencies. Rule 8.5 Disciplinary Authority; Choice of Law, American Bar Association If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter, except as provided in paragraph (d). She also counsels and advises lawyers and law firms in partner admissions and departures, and law firm dissolutions. In 2002, following growing recognition of a lawyers gone wild problem, the ABA adopted Model Rule 1.8(j), which imposes a per se ban on attorney-client sex. In this session, we will explore the contours of attorney-client communications, including the duty that is owed and instances in which an attorney can divulge client information even against the wishes of a client. ), Key Rules of Professional Conduct concerning attorney-client communications and confidentiality, The difference between privilege and confidentiality, Training staff on best practices for communication and protecting confidential client information, Clearly communicating the beginning - and the end - of the attorney-client relationship. * Admitted to practice in California. It's time to renew your membership and keep access to free CLE, valuable publications and more. Rule 7.6 Political Contributions to Obtain Legal Engagements or Appointments by Judges, Rule 8.1 Bar Admission and Disciplinary Matters Rule 1.4 Communications Still, many attorneys believe that as long as the relationship is consensual, what happens between two consenting adults is none of bar counsels business. How to Counsel Clients Through Difficult Dilemmas: Advising clients on risky courses of action, balancing countervailing interests, issues of unlawful conduct, and ethical rules that govern such situations, Basics of Client communication (e.g., intake/duties to prospective clients, conflicts checks, organizations as clients, conflicts of interests/disclosures/waivers), Client communications re Retainer agreements, Notice to clients/duty to communicate re attorney mobility (i.e., attorneys changing firms, closing down firms, etc. Loyola Law School, Los Angeles, California, 2002, J.D. may be implied from the conduct of the parties. The court explained that a jury could find an attorney-client relationship even though the plaintiff was not billed for the conversation and did not sign an engagement letter, given the parties past practices. According to The New York Times . Rule 5.6 Restrictions on Rights to Practice Every case accepted by a lawyer deserves full attention, diligence, skill and competence, regardless of importance. The comments to ABA Model Rule 1.8 note that this exception for pre-existing relationships could still run afoul of other rules of professional conduct and warns that before proceeding with the representation in these circumstances [of a pre-existing relationship], the lawyer should consider whether the lawyers ability to represent the client will be materially limited by the relationship. 202, member, 2007-present, Al Malaikah Shrine Band (2006-present), past director; Shrine Inch Nails jazz combo (2018-present), Mesisca, Riley & Kreitenberg LLP, associate, 2004-2006, Law Offices of Robert J. Allan, associate, 2001-2004, Carroll, Guido & Groffman LLP, law clerk, 2000, Independent Film & Television Alliance (f.k.a., AFMA), law clerk, 2000, Movin On: Ethical Considerations Relating to Attorney Mobility, by David B. Parker & Justin D. Denlinger Los Angeles County Bar Association, Ethics Opinions (Sept. 2021), Overview of Directors And Officers Liability Insurance Policies, by David B. Parker, Justin D. Denlinger, and Steven S. Wang, Understanding Fiduciary Duties In Business Entities, Chapter 10 (CEB, 2017-present), So You Think You Know The Mediation Privilege?, by William K. Mills, Justin D. Denlinger, Jason J. Rudolph & Ben Seagle, California Bar Journal (Jan. 2014), Modifying Fee Agreements, or How I Learned to Stop Worrying and Love California Rule of Professional Conduct Rule 3-300 (co-author with David B. Parker, June/July 2009, Vol. Model Rule 1.16, Comment [4]. OPINION 60 - 1/27/23 - May a Nevada attorney require a prospective client to sign a non-disclosure agreement ("NDA") as a condition . Amy has represented individual lawyers and law firm in high stakes arbitrations related to partner departures. Rule 1.18Duties to Prospective Client, Rule 2.1 Advisor Other jurisdictions are still considering adding an equivalent to Model Rule 1.8(j) to their existing rules. Admitted to practice before the United States District Courts for Central, Northern and Southern Districts of California and the Ninth Circuit Court of Appeals, University of California, Los Angeles, School of Law, J.D., 1981, University of California, San Diego, 1978, B.A., History, magna cum laude, Osman & Associates (Staff Counsel for Travelers Indemnity Company)20062013, Anderson, McPharlin & Conners, LLP, 1985 2006, Law Offices of Hunsucker & Sabo, 1983 1985, Law Offices of Schell & Delamer, 1979 1982 (began as law clerk), Is a Prospective Client Entitled to Attorney Work Product Developed in the Course of Deciding Whether to Accept the Engagement?, Co-authored with Kevin Mohr, County Bar Update, July 2014, U.S. District Court (Central District of California), 2002, U.S. District Court (Southern District of California), 2010. Rule 1.18 Duties to Prospective Client. (a)A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. Rule 1.8.10 Sexual Relations with Current Client Rule 1.8.1 Business Transactions with a Client and Pecuniary Interests Adverse to the Client She has dedicated substantial time to representing low-income tenants fighting eviction in landlord-tenant cases, as well as providing legal ethics advice to legal services organizations and their lawyers. Without knowing the value of plaintiffs claims, it would have served the firm well to try and settle the matter out of court. Only attorneys can form an attorney-client relationship, by agreeing to provide legal representation. . For decades, regulators and courts have ruled that sex with a client during the course of the professional relationship is unethical. The main lesson is to avoid becoming involved in outside disputes involving one of the firms lawyers, especially in a matter in which the adversary is a present or former client, advises Alan R. Jampol, Los Angeles, CA, cochair of the Attorneys Liability Subcommittee of the Sections Professional Liability Litigation Committee. Required fields are marked *. Rule 1.3 Diligence. Subsequently the client accused her attorney of failing to timely file her divorce papers and asserted the attorney had taken advantage of her by engaging in a sexual relationship with her while she was in an emotional stage in her life.. All rights reserved. The Interplay of Ethical Rules and Attorney-Client Intimate Relationships Many attorneys have some sort of personal relationships with their clients. These duties are a mixture of status and contract emerging out of the nature of the relationship governing lawyer and client. Rule 1.5.1 Fee Divisions Among Lawyers Rule 3.3 Candor toward the Tribunal /content/aba-cms-dotorg/en/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents. Rule 3.6 Trial Publicity . Select Your State Below to View CLE Credit Information, Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs, Session I Basics of client communication Joel Osman and Justin Denlinger. Bar Ass'n Ethics Op. The plaintiff moved to disqualify the firm and its attorneys in the driveway litigation on three grounds. But there are some duties, such as that of confidentiality under Rule 1.6, that attach when the lawyer agrees to consider whether a client-lawyer relationship shall be established. An attorney-client relationship is formed when a lawyer agrees to provide legal assistance to someone seeking the lawyer's services. In order to comply with conflict of interest rules, the lawyer should make clear the lawyer's relationship to the parties involved. [1] Rule 1.8 (a) states the general principle that all transactions between client and lawyer should be fair and reasonable to the client. Prior to entering law school, she taught at-risk middle school students through Teach for America, where she helped implement a gang prevention program. Rule 7.5 (Deleted) lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. Amys practice focuses on legal ethics and professional responsibility matters, white collar defense and complex commercial litigation. Rule 1.2.1 Advising or Assisting the Violation of Law She has been involved in several high profile matters. Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practiceof Law Rule 1.14 [Reserved] (Rule 1.14 has not been adopted in California.) Rule 3.8 Special Responsibilities of a Prosecutor View 10 Ethics Traps.pdf from LAS 203 at Phoenix College. Receive access to recorded class and earn self-study credit. Rule 8.2 Judicial and Legal Officials Rule 1.9 Duties To Former Clients (3) information relating to representation of a client is protected as required by Rule 1.6. We will discuss ABA Model Rules 1.2, 1.4, and 1.6, common pitfalls that attorneys experience with regard to client communications, and steps to take to ensure that your practice is diligently protecting such communications. Return to Rules of Professional Conduct. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship. Rule 1.2 Scope Of Representation and Allocation of Authority between Client and Lawyer Rule 1.3 Diligence Rule 1.4 Communication Rule 1.5 Fees Rule 1.6 Confidentiality of Information Rule 1.7 Conflict of Interest: Current Clients Rule 1.8 Conflict of Interest: Current Clients: Specific Rules Rule 1.9 Duties to Former Clients You must fulfill your duties to the client so that you can avoid an ethical complaint filed against you (again, even if youre making a special appearance). By appearing at a hearing in a case in which the attorney has no personal interest, the attorney is obviously representing the interests of someone else, someone who is a party to that action. For purposes of the rule on communicating with a party, representation of a party commences whenever an attorney-client relationship has been established with regard to a particular matter, regardless of whether litigation has commenced. Justin D. Denlinger joined Parker Mills LLP as an associate in January 2007 and has experience in the areas of business litigation, legal malpractice, intellectual property, entertainment law, disability discrimination and insurance coverage. Live Video Broadcast on February 16, 2023, Randall T. Tesser | Tesser, Ryan & Rochman LLP, Ethical Considerations for Nonprofit Attorneys, Exploring Civility in the Legal Profession: A seminar on the model rules of professional conduct and its anti-discrimination rule 8.4(g), Cybersecurity, Privacy and Data Protection Ethics: The New York state bar's requirement & its application to other states. Free access to all CLE programs w/active subscription. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. It is also consistent with common sense. Legal Professional Ethics. Kilpatrick Townsend partners and associates will provide sessions on patent case-law and developments in the areas of ethics in patent law, patent-eligible subject matter, claim construction, inequitable conduct, popular litigation venues, Inter Partes Review, and other patent-related issues. Rule 1.7 Conflict of Interest: Current Clients 2011, Law Offices of Susan S. Park, APC (Torrance, CA): Oct. 2018, Parker Mills, LLP (Los Angeles, CA): Sept. 2018; Dec. 2016; Dec. 2015; Sept. 2014; Jun. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Office Phone: (571) 669-4097 Rule 5.4 Professional Independence of a Lawyer. Los Angeles County Bar Association, current member and former Chair of Professional Responsibility and Ethics Committee (2008-2009). Most recently, on November 30, 2018, California replaced its previous regulation on attorney-client sex with a per se ban. The privilege generally stays in effect even after the attorney-client relationship ends, and even after the client dies. (g) A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client. 2022 American Bar Association, all rights reserved. (b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that . Send a case closing letter when you're ending an attorney-client relationship on a matterthat is, when you've concluded a case or when you've decided to stop representing the client. 3 this issue have varied, with some courts regarding both the insured . Experts agree that communication is a vital part of building trust. (c) A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. Rule 3.2 Expediting Litigation The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance. Annual subscription only $395/yr. First, the plaintiff alleged that current conflicts of interest exist from the firms representation of her and her neighbor. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. (2) contract with a client for a reasonable contingent fee in a civil case. Before entering into a consensual sexual relationship with a client, a lawyer should be mindful of the rules in their particular jurisdiction. Subdivision (b) provides that "Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as rule 4-1.9 would permit with . 2022 American Bar Association, all rights reserved. 2022 American Bar Association, all rights reserved. All rights reserved. She has assisted clients concerning admission to the USPTO and the D.C. Bar, and advised clients concerning the merits of legal malpractice actions. The information is sacred and must be used by the attorney only for the clients best interests and consistent with the clients legal needs. (c)A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d). Rule 1.13 Organization as Client [9a] After withdrawal the lawyer is required to refrain from making disclosure of the client's confidences, except as otherwise provided in Rule 1.6. FLORIDA BAR ETHICS OPINION OPINION 07-3 January 16, 2009 Advisory ethics opinions are not binding. (f) A lawyer shall not accept compensation for representing a client from one other than the client unless: (2) there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and. Understanding your ethical obligations to prospective clients is an important part of ensuring an ethical practice. West Hollywood A Withdrawal. Attorneys have different styles and "bedside manners" in terms of . The Supreme Court has long held attorneys to stringent standards of loyalty and fairness with respect to their clients. (b) A "client" is any person, public officer, corporation, association, or other organization or entity, either public or private, who . (1) make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless the client is independently represented in making the agreement; or. Financial assistance under this Rule may be provided even if the representation is eligible for fees under a fee-shifting statute. Amy handles complex civil cases in federal court, state court, and in arbitration proceedings throughout the United States.