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PEC deals with second opinions, ancillary businesses


first_imgPEC deals with second opinions, ancillary businesses October 15, 2002 Regular News PEC deals with second opinions, ancillary businessescenter_img A Florida lawyer can set up a separate consulting firm on buying and selling car dealerships as long as the company does not give legal advice; the company does not solicit cases for the law firm; and the lawyer follows the recently adopted ancillary business rule, according to the Professional Ethics Committee.The panel also has put the finishing touches on an advisory opinion to guide lawyers who are approached by represented clients seeking a second opinion.Issues ranging from an attorney requiring mandatory arbitration in client contracts to charging a contingency fee in a post-dissolution case involving pension rights were also dealt with by the committee when it met at the Bar’s recent General Meeting.The PEC asked and received permission from the Bar Board of Governors earlier this year to prepare the advisory opinion on second opinions, and the committee published a draft proposed opinion in the July 15 Bar News. With only minor changes, the committee approved that draft for publication as a proposed advisory opinion. It basically says that attorneys can meet with clients already represented by counsel and who want a second opinion on the services they are receiving or to discuss retaining a new lawyer.The opinion notes that lawyers could be concerned that Rule 4-4.2, which prohibits an attorney contacting a represented party, might apply. But the difference is, the opinion said, that the client is seeking the second opinion.The discussion can include the lawyer giving a second opinion or cover what services the lawyer could provide, including the lawyer’s availability and qualifications.However, the opinion notes that whether such a communication could be considered tortious interference with an existing attorney-client relationship is a legal question outside the scope of the ethics opinion.The opinion, Proposed Advisory Opinion 02-5, will be published for comments by Florida Bar members in an upcoming issue of the News. The PEC’s most extensive debate came over a query from a law firm wanting to establish a consulting business related to buying and selling automobile dealerships.An initial staff opinion said the firm could not set up the business as it appeared it would be funneling legal business to the firm and also might be providing legal services.A representative of the firm attended the meeting and said only non-legal services would be provided, and the ancillary business would not be acting as a referral service for the law firm.After much discussion and several motions, the committee voted to direct staff to rewrite its opinion and find that the firm can set up the consulting business, as long as it complies with Rule 4-5.7, the ancillary business rule.That includes that clients must be told no legal services will be provided and an attorney-client relationship is not formed, and the ancillary business will not act as a feeder by sending referrals to the law firm.On other matters, the PEC:• Affirmed a staff opinion that an attorney may not charge a contingency fee for establishing a woman’s interest in her former husband’s pension. The dissolution took place in Germany and the court had no jurisdiction over the pension matter. Although some committee members argued a contingency fee should be allowed because the pension issue came up post dissolution, the majority argued it was part of a domestic matter and the rules prohibit charging a contingency fee. The committee voted 22-3 to uphold the staff opinion.• Said an attorney who previously had represented a condominium association and unit owners in a class action suit against an owner for construction defects should now not represent the condominium association defending a similar suit brought by a unit owner. The committee cited conflict of interest rules.• Directed staff to prepare a proposed advisory opinion that in certain circumstances it is permissible for an attorney to include in his contracts with clients a clause requiring mandatory arbitration of any disagreements. The draft proposed opinion will be published in an upcoming issue of the News. • Answered an inquiry by the Standing Committee on Advertising whether a lawyer can advertise that a percentage of all fees earned over a certain time will go to charity. The PEC said that is an improper division of fees with a nonlawyer, which is prohibited by the rules.• Deferred action on PAO 02-4 on an attorney’s obligation to protect funds of other property in which a third party may have an interest, at the request of the Academy of Florida Trial Lawyers. The committee will take it up again at its January meeting.• Approved PAO 02-7, which says a lawyer does not have to give a client the new State of Insured Client’s Rights required by Rule 4-1.8(j) if the clients are defendants in employment discrimination claims covered by employment practice liability insurance. The statements also are not required when defending other types of employment liability cases.last_img read more


Syracuse basketball recruiting: Turkish 7-foot star Omer Yurtseven picks North Carolina State over the Orange


first_img Comments Published on May 16, 2016 at 1:01 pm Contact Sam: [email protected] | @Sam4TR Class of 2016 Turkish center Omer Yurtseven picked North Carolina State over Syracuse and Utah on Monday morning, according to multiple reports.The 17-year-old star visited Syracuse on May 4 and turned down a lucrative contract from his club team, Fenerbahçe, in order to achieve his goal of playing college basketball, according to Scout.com. Yurtseven also told Scout that he’d spoken with 15 schools, including Atlantic Coast Conference rivals North Carolina and Miami.The 6-foot-11, 230-pound big man recently scored 91 points and snagged 28 rebounds in a single U-18 game against Turkey. He went 34-for-49 from the field, attempting nearly 70 percent of his team’s shots and hitting five 3-pointers.He is a consensus five-star recruit and graded as a 99 in 247Sports.com’s composite ratings. DraftExpress.com has Yurtseven projected to go as the No. 14 pick in the 2017 NBA Draft.Yurtseven averaged 9.8 points and 8.7 rebounds per game in nine games during the FIBA U18 European Championships last summer. The Orange’s last signed foreign recruit was Belgium’s Kristof Ongenaet, who played a limited role in his two seasons from 2007-09.AdvertisementThis is placeholder textHere’s a highlight video from Yurtseven in last year’s European Championships:center_img Facebook Twitter Google+last_img read more




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