Family Law Ch. 2

• Lose your job
• Avoid civil and criminal liability

• Giving Legal adivce,
• Setting fees
• Establishing the attorney/client relationship

The Attorney

• Protects communications between attorney/clients
• To gain client's trust

• Client consent
• Preventing substantial bodily harm or death

• Be aware of your surroundings when talking to a client
• Its up to the attonery to takre reasonable measures to ensure client confidences are kept, even by nonlawyers.

• "can't serve two masters"
• Occurs when an attorney can't meet the standards required by fiduciary duty.
• Sexual relations, multiple representation

• Can't have sexual relations with a client when you are representing them
• Don't ever loan a client money! (only to pay for the cost of litigation)

• Always put what you talk about in writing
• Cannot make contact if represented by legal counsel (Keep communication limited!)

Problems - client expectations, lack of knowledge, misuse of services

Attorney shall provide competent legal representation.

• Flat Fee
• Hourly Rates
• Retainer agreement
• Contingent Agreement (Unethical for Family law!)

A retainer agreement is a contract between the law firm and client. This agreement determines the legal services requested and fees required.

Self-representation

Practicing law in another jurisdiction (Another attorney within that state helps you out)

• (1)professes to be a practicing attorney;
• (2)conducts the trial of a case in a court in Indiana; or
• (3)engages in the business of a practicing lawyer; without first having been admitted as an attorney by the supreme court commits
• a Class B misdemeanor.

Under direct supervision of a lawyer