Q: Dear Ethics Lawyer, I have a litigation practice centered on representing clients in a very low income area. Some of the clients have at least modest means, but are unable to fund the costs and expenses of litigation, and for those who have good cases I usually take matters on a contingent fee basis, advancing the costs and expenses of litigation, contingent (along with my fee) on the outcome. There are other clients whose needs are a bit more challenging, because an injury or housing displacement has disrupted their ability to handle normal living expenses. For these clients, in addition to advancing the costs and expense of litigation, I’d like to provide them with some financial assistance that would enable them to feed and house their family during the course of the litigation. Ethically, can I do this?
Also, I have a related set of questions. I volunteer at and serve on the Board of a neighborhood legal clinic run by a public interest organization, where we represent indigent clients in litigation matters on a pro bono basis. Are we able to advance or pay the costs and expenses of litigation in this context? Could we also advance or provide living expenses to these clients?
The twice-monthly “Dear Ethics Lawyer” column is part of a training regimen of the Legal Ethics Project, authored by Mark Hinderks, former managing partner and counsel to an AmLaw 200 firm. Read More
June 2024
June 3 Issue – Responsive Document Discovered Post Settlement
Q: Dear Ethics Lawyer, Not long after reaching a settlement agreement at mediation, but before the case is officially dismissed, our client discovered a cache of additional material documents responsive to discovery requests, that were not timely produced. The client does not wish to disclose them now because of the settlement agreement, saying that the case is now over with the negotiated resolution.
But the client did come forward to disclose the discovery to us as counsel. It is clear to us from the circumstances that the client did not know of the documents until the recent discovery, and acted in good faith in connection with the earlier production. May or must we make a disclosure to the opposing party, or the court?