Conflicts of Interest in Lawyer Referral Arrangements with Nonlawyer Professional
Georgetown Journal of Legal Ethics, Vol. 21, No. 197, 2008
The University of Texas School of Law, Public Law and Legal Theory Research Paper Series Number 459
41 Pages Posted: 13 Jun 2013
Date Written: 2008
Abstract
The law of lawyering imposes significant regulatory constraints on the attomey-client relationship. For example, lawyers owe clients a general fiduciary duty to keep client interests above those of the lawyer. Lawyers can only charge clients a reasonable fee. In addition, lawyers owe clients an obligation to avoid conflicts of interests. Some of these constraints impose significant disclosure and client consent obligations upon the lawyer. In other cases, however, lawyers are simply forbidden to enter into transactions that would be permissible outside of the context of the attorney-client relationship.
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