Lawyer may enter into contingent fee agreement to collect child support arrearage where client is unable to pay reasonable attorney’s fee on a non-contingent basis(Modified by RO-98-01)

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QUESTION: * * * FACTS: Client’s ex-husband is far behind in his court ordered child support. Client wants me to try and collect the same but client has no money…

Continue ReadingLawyer may enter into contingent fee agreement to collect child support arrearage where client is unable to pay reasonable attorney’s fee on a non-contingent basis(Modified by RO-98-01)

Lawyer’s “selling” of his collections practice files to collections agency in which he has financial interest discussed

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QUESTION: “My client, a lawyer, has handled accounts referred to him by Acme Regional Medical Center for collection. These accounts were set up as collection accounts in his law practice…

Continue ReadingLawyer’s “selling” of his collections practice files to collections agency in which he has financial interest discussed

Lawyer may not communicate with employee of opposing party if employee has managerial responsibility on behalf of the opposing party and can bind the opposing party

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QUESTION: A lawsuit has been filed against a defendant nursing home corporation.This nursing home corporation is represented by an attorney. During the course of a deposition, it was discovered that…

Continue ReadingLawyer may not communicate with employee of opposing party if employee has managerial responsibility on behalf of the opposing party and can bind the opposing party

Lawyer properly interplead disputed trust funds into court to allow adjudication of clients’ and third-party creditors’ rights to said funds

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QUESTION: “As per our phone conversation of June 5, 1990, I write this letter to you requesting some guidance pursuant to a dispute between my clients and the clients’ health…

Continue ReadingLawyer properly interplead disputed trust funds into court to allow adjudication of clients’ and third-party creditors’ rights to said funds

Lawyer does not have ethical obligation to advise client to file bar grievance against former lawyer who may be guilty of legal malpractice. Lawyer has obligation to report ethical misconduct to tribunal of disciplinary authority.

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QUESTION: “A client approached me with a potential malpractice claim against a lawyer licensed and practicing in the State of Alabama. Specifically, it appears the lawyer did not properly respond…

Continue ReadingLawyer does not have ethical obligation to advise client to file bar grievance against former lawyer who may be guilty of legal malpractice. Lawyer has obligation to report ethical misconduct to tribunal of disciplinary authority.

Lawyer or law firm operating under trade name must include trade name in all other permissible communications made pursuant to Rule 7, A.R.P.C.

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QUESTION: Must a lawyer or law firm operating under a trade name, such as “AAA Legal Clinic,” include that trade name in all permissible communications made pursuant to Canon 2…

Continue ReadingLawyer or law firm operating under trade name must include trade name in all other permissible communications made pursuant to Rule 7, A.R.P.C.