What has to happen before you take on a joint retainer?
Looking for the steps in order rather than the principle. The material walks through it in prose and I keep losing the sequence halfway down the page.
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Best answer
Rule 3.4. In order, and this is the order the questions follow.
One, disclose that you have been asked to act for both.
Two, advise each of them they can get independent legal advice instead.
Three, tell them that on a joint retainer you cannot keep one client's information on the matter confidential from the other. People are surprised by this one.
Four, get consent, in writing where you can.
Five, warn them now that if a real conflict develops you may have to stop acting for both of them rather than just one. Step five gets left off and it is frequently the answer.
And the gate in front of all five. Already in conflict on the matter and consent does not save it. Contentious between the two of them, no.
step five is completely new to me and I have read this twice
Keep the former client scenario in a different box. That is a confidential information question and the analysis runs differently. Patterns mix them on purpose.
connects to that bylaws thread from a few weeks back. conduct rules tell you whether you can act, bylaws tell you what to do with the money and the file while you are acting. different documents doing different jobs
ok that reframes the bylaws for me, I had them filed under optional reading
PR was the section I was most relaxed about and the one I nearly lost marks on. being a decent person gets you nothing here, they want the specific step
how many PR questions are there usually? people keep saying it is the easiest section
Enough that a separate PR index you never put down is worth it. Would not quote you a number, it moves.
separate PR index was the best thing I did
same
third for the separate PR index. only one I ended up knowing by feel
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