Rule 1.2 Scope of Representation And Allocation of Authority Between Client And Lawyer

Client-Lawyer Relationship

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. The decisions specified in paragraph (a), such as whether to settle a civil matter, must also be made by the client. See Rule 1.4(a)(1) for the lawyer’s duty to communicate with the client about such decisions. With respect to the means by which the client’s objectives are to be pursued, the lawyer shall consult with the client as required by Rule 1.4(a)(2) and may take such action as is impliedly authorized to carry out the representation.

[2] On occasion, however, a lawyer and a client may disagree about the means to be used to accomplish the client’s objectives. Clients normally defer to the special knowledge and skill of their lawyer with respect to the means to be used to accomplish their objectives, particularly with respect to technical, legal and tactical matters. Conversely, lawyers usually defer to the client regarding such questions as the expense to be incurred and concern for third persons who might be adversely affected. Because of the varied nature of the matters about which a lawyer and client might disagree and because the actions in question may implicate the interests of a tribunal or other persons, this Rule does not prescribe how such disagreements are to be resolved. Other law, however, may be applicable and should be consulted by the lawyer. The lawyer should also consult with the client and seek a mutually acceptable resolution of the disagreement. If such efforts are unavailing and the lawyer has a fundamental disagreement with the client, the lawyer may withdraw from the representation. See Rule

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Professional Independence of a Lawyer

Law Firms And Associations

(a) A lawyer or law firm shall not share legal fees with a nonlawyer, except that:

(1) an agreement by a lawyer with the lawyer’s firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer’s death, to the lawyer’s estate or to one or more specified persons;

(2) a lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer may, pursuant to the provisions of Rule 1.17, pay to the estate or other representative of that lawyer the agreed-upon purchase price;

(3) a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement; and

(4) a lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter.

(b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.

(c) A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services.

(d) A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if:

(1) a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration;

(2) a nonlawyer is a corporate director or officer thereof or occupies the position of similar responsibility in any form of association other

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Robot Lawyer Battles Human Regulators

Correction: This article misstated that the State Bar of California’s Closing the Justice Gap Working Group was still in operation. It was dissolved after the state bar’s annual fee-licensing bill, signed into law on Sept. 18, directed the agency to halt its work on proposals to allow nonlawyers to practice law.

Life moves pretty fast for artificial intelligence start-up DoNotPay. On Jan. 8, CEO Joshua Browder announced the company would pay $1 million to any attorney who would allow the company’s “robot lawyer” to argue before the U.S. Supreme Court. The bold offer initiated a wave of skepticism and intrigue across the legal community.

On Jan. 25, Browder—revealing threats of a jail sentence from State Bar officials—announced the company had ditched all plans of deploying its cybernetic barrister. The CEO says they will now focus on their core mission of helping consumers with issues like bank fees and unwanted subscriptions. While all this may have come as a shock to Browder and his team at DoNotPay, the discourse over AI’s place in the legal profession has been ongoing for years.

Notwithstanding the deep complexities involved in the AI’s backend, its user application is straightforward. DoNotPay’s program would have “argued” by having the attorney parrot statements provided by the AI in real-time through a pair of wireless earbuds connected to the attorney’s cellphone. Ostensibly, the program would simultaneously be listening and responding (through the lawyer) to questions and comments from the justices.

The Supreme Court was not the first place Browder sought to test DoNotPay’s AI. The initial real-world experiment was to take place on Feb. 22 in a California traffic court which is what sparked the backlash from state bar officials across the country. Although Browder will not say who specifically sent letters or threatened a

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B.C. lawyer that accepted $45,000 in $20 bills gets suspended | iNFOnews


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February 26, 2023 – 6:00 AM

A B.C. lawyer who accepted $45,000 in $20 bills has been suspended for 10 weeks due to a multitude of financial irregularities.

According to a Feb. 15 Law Society of B.C. decision, Abbotsford-based lawyer Randle W. Howarth improperly used his firm’s trust account to receive $776,305 although he provided no legal services.

On one occasion he accepted $45,540 in $20 bills and made no inquiries as to what “legitimate economic activities” would generate so much cash in such small denominations.

Howarth did admit he’d heard the investor was a “drug dealer” but didn’t think the allegation was credible.

The decision says the lawyer also made “misleading or inaccurate” statements to the Law Society.

He told the Law Society he hadn’t received more than $7,500 in cash into his trust account when he’d actually received $96,907.

Howarth signed a consent agreement admitting to professional misconduct.

The decision says Howarth has been a lawyer since 1978 and practices in motor vehicle cases, civil litigation and creditors’ remedies.

READ MORE: B.C. lawyer accused of laundering $23.5M

The professional misconduct has to do with a sawmill mill investment Howarth was involved in 2014.

More than a dozen investors advanced $25,000 to Howarth for the sawmill venture and he deposited the cash into his trust account.

“Between September 2014 and August 2017, Howarth used his firm’s trust account to receive and disburse a total of $776,305.97… in circumstances where no substantial legal services were provided,” the decision reads.

“The lawyer failed to maintain or produce receipts for the cash accepted and deposited to trust. Furthermore, the

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Maine’s largest legal aid group gets new director as more people seek housing help

Tom Fritzsche has come full circle.

The new executive director of Pine Tree Legal Assistance, the statewide organization that provides legal services to low-income Mainers in civil matters, grew up in Kennebunk. His father, retired Superior Court Justice Paul Fritzsche, worked for the group from 1975 to 1981.

He’s taken over the legal aid group at a time when it’s seen an increase in requests for housing-related help as a large emergency rental assistance program funded by federal COVID relief money has stopped accepting new applications, as well as an uptick in requests for help from domestic violence victims.

Fritzsche, 41, of Portland has been on the job since early September. He took over the reins of the organization after Nan Heald, who headed the organization for more than three decades, died of cancer in January at age 66.

Pine Tree Legal, which opened in 1967, is the largest legal aid organization in Maine.

Fritzsche oversees a staff of 75 — including 47 attorneys and 15 paralegals — in offices in Portland, Lewiston, Augusta, Bangor, Machias and Presque Isle. Its 2022 budget is $8.67 million, with about 34 percent coming from federal funding and about 48 percent from the state. The rest of the budget is funded through grants and donations.

Now that MaineHousing is no longer accepting new applications for the state’s Emergency Rental Assistance Program, Pine Tree Legal has seen the demand for help with housing-related issues increase, Fritzsche said. 

In the first three months of 2022, the organization opened 1,027 new housing cases, which made up 61 percent of all of the organization’s new cases in that time. Since July 1, it has opened 1,266 new housing cases.

“Right now, low-income Mainers face an ongoing housing crisis that is about to get dramatically worse,”

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100,000 most disadvantaged Scots face representing themselves in court amid legal aid ‘crisis’

Thousands of the most deprived people in Scotland face having to represent themselves in court as a result of a chronic “crisis” in access to legal aid, lawyers have warned.

The Law Society of Scotland have said 100,000 people living in the country’s most deprived communities have access to just 29 civil legal aid firms.

Calls for the Scottish Government to act have been backed by author and poverty campaigner Darren McGarvey who has said those from the most disadvantaged backgrounds are having their “last line of defence pulled away from them”.

The analysis from the Law Society, which represents the legal profession, shows that the 139 most deprived communities in Scotland, resident to around 100,000 people, share just 29 civil legal aid firms between them. There are no civil legal aid firms at all in 122 of the 139 areas.

Of the legal firms in these areas, nearly 90,000 (87064) people are left without any local access at all.

Legal aid for civil court actions is only offered to people with a disposable income of less than £293 per month.

Commentator, activist, and award-winning author Darren McGarvey has backed the calls of the Law Society of Scotland.The Law Society of Scotland

The Law Society has warned that people now face being forced to represent themselves in divorce proceedings, child custody hearings and immigration hearings.

The campaign has now been backed by Darren McGarvey, author of Poverty Safari.

He said: “Just imagine standing in a courtroom on your own to argue your case, up against an experienced solicitor. Now imagine that the custody of your child is at stake.

“Or a life-changing payout after an industrial accident.

“The absurdity of that proposition, combined with inequalities within the justice, healthcare, and education systems, is exactly

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Lawsuit alleges migrants denied legal counsel at 4 DHS detention facilities

McALLEN, Texas (Border Report) — A group of legal organizations has sued the Department of Homeland Security and U.S. Immigration and Customs Enforcement agencies alleging asylum-seekers at four detention facilities have been denied access to legal representation.

The lawsuit was filed earlier this month in the U.S. District Court in Washington, D.C., by the American Civil Liberties Union; the American Immigration Council; Americans for Immigrant Justice; Florence Immigrant and Refugee Rights Project; Immigration Justice Campaign; Immigration Services and Legal Advocacy, and the Refugee and Immigrant Center for Education and Legal Services (RAICES), against DHS, ICE, DHS Secretary Alejandro Mayorkas and Acting ICE Director Tae Johnson.

The complaint alleges that the Laredo Processing Center in Laredo, Texas; the Florence Correctional Center in Phoenix, Arizona; the River Correctional Center in New Orleans; and the Krome Detention Center near Miami have insufficient private attorney visitation rooms, difficult scheduling requirements for legal calls, and severe restrictions on arranging interpretation services.

Migrants are processed in soft-sided tent facilities in Laredo, Texas. (Sandra Sanchez/Border Report File Photo)

“Defendants’ restrictions on attorney-client communications interfere with the detained clients’ ability to communicate effectively with their counsel and plaintiffs’ ability to provide effective legal services to their clients. Defendants’ restrictions affect all aspects of attorney-client communication necessary for representation,” the 80-page lawsuit says.

“Confidential and reliable communication between an attorney and their client is absolutely necessary,” said Bernardo Rafael Cruz, a lawyer for the ACLU of Texas. “These ICE detention centers make that almost impossible, obstructing a person’s opportunity for a fair legal process and violating their constitutional rights.”

A 2021 report by Syracuse University’s Transactional Records Access Clearinghouse found

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Legal Services that Place People at the Forefront


Cervantes Abogados is one of Mexico’s most prestigious law firms. Set up more than two decades ago, this multi-service law firm has made itself known in the Mexican and international legal market for its personalized, effective, and high-impact legal services.

Luis A. Cervantes Muñiz, a law professor for over forty years, is the founding partner of Cervantes Abogados. He has dedicated his life to understanding the law and all of its complexities, ensuring he stays up to date with the latest practices. His passion for the law is evident.

Cervantes Abogados’ greatest asset is their team, all of whom show the same dedication to the law as Mr. Cervantes. The team is composed of individuals who demonstrate passion for the practice of law and true loyalty, giving them qualities beyond just their high standard of academic preparation.

Building a team around these principles ensures that they are all committed to providing the best legal services to their clients. The relationships fostered between the firm and its clients are a large part of the success it has enjoyed. Cervantes thinks of its clients as partners with whom they share a vested interest. They are notorious for fighting their clients’ corners to the best of their abilities,”being creative and doing whatever we must do – within the law – to achieve the results.

The philosophy is simple, to attract potential clients by adding value to their businesses.

We believe in going the extra mile, we believe in making an extra effort, we believe in adding value. My philosophy has always been that I must be attractive to the client; I need to add value to their business.”

cervantes-main2.jpg?w=450&f=5291d1858cea8398feee52190beab5aa 1x”cervantes_main2
Photo Credit By: Cervantes Abogados

Cervantes prides itself on always going the extra mile and proposing

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Eighth EU Sanctions Package Against Russia May Include Legal Services

Russia should not benefit from European knowledge and expertise.” That is the view of European Commission (“EC”) President Ursula von der Leyen, who recently proposed an eighth package of sanctions against Russia in response to “escalation” in Ukraine.

Among the “biting” new sanctions will be a wider ban on the provision of European services to Russia. The list of banned services has not yet been announced, but there are multiple reports circulating that this may include legal services. Watch this space!

Russian Escalation

Since Russia’s incursion into Ukraine began in February, European Union (“EU”) sanctions have targeted hundreds of individuals including, among others, Russian President Vladimir Putin, Foreign Minister Sergey Lavrov, other government officials, oligarchs and other “elites” proximate to Putin , senior military officers, and individuals responsible for disinformation. They have also banned the import into the EU of certain Russian goods; banned the export, sale, supply, or transfer of certain EU goods to Russia; forbidden passage through or over EU territory; imposed new depository and transactional limits, capital markets restrictions, sectoral prohibitions; and excluded Russian and Belarusian banks from the SWIFT international payment system.

The latest sanctions package responds to the recent referenda organized in occupied territories of Ukraine, presumably with a view to their annexation, the mobilization of 300,000 additional militarism, and the threatened deployment of nuclear weapons.

“Biting” New Sanctions

The proposed new package includes:

  • further import bans on Russian products, including fully banning imports of steel and steel products, certain elements used in the jewelry industry such as stones and precious metals, pulp and paper, machinery and appliances, intermediate chemicals, plastics, and cigarettes, that are meant to deprive Moscow of an additional EUR 7 billion euros (USD 6.7 billion) in aggregate revenues;

  • tires the export to Russia of EU

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Legal sector gains 34,700 jobs in a year; judge unseals Trump search warrant

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Weekly Briefs: Legal sector gains 34,700 jobs in a year; judge unseals Trump search warrant

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Image from Shutterstock.

Legal sector adds 3,000 jobs or more, 3 months in a row

The legal services sector added 3,100 jobs in July following a June gain of 3,300 jobs and a May gain of 3,000 jobs, according to seasonally adjusted, preliminary figures released Aug. 5 by the US Bureau of Labor Statistics. The July number is a gain of 34,700 jobs from July 2021. The legal sector had 1,188,700 jobs in July, 1,185,600 jobs in June, 1,182,300 jobs in May, and 1,179,300 jobs in April, according to new and previously released figures. The jobs number is based on payroll jobs for attorneys and staff members working at firms providing legal services. (US Bureau of Labor Statistics news release and legal services table)

Judge unseals Trump search warrant; top secret documents

US Magistrate Judge Bruce Reinhart of Florida has unsealed the warrant for the FBI search of former President Donald Trump’s Mar-a-Lago home in Palm Beach, Florida, and a receipt showing the property taken during the search. The warrant authorizes a search of all the rooms in the 58-bedroom, 33-bathroom mansion accessible to Trump and his staff members where boxes of documents could be stored. Among the documents hidden were “Miscellaneous Top Secret Documents” and “Info Re: President of France.” US Attorney General Merrick Garland had announced Thursday that the Department of Justice was seeking to unseal the documents. Trump’s lawyers did not object to the release. Garland did not seek a release of the search warrant affidavit, but some news organizations have asked Reinhart to do so. Trump has claimed

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