Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
12/05/2000
Opinion Number:
00-11
Title:
LAWYER -- OUT-STATE REPRESENTATION
Opinion:
You are licensed in several states including Iowa. A Florida law firm (Florida) is in the practice of law in behalf of employers against employees. Florida seeks to engage you to represent the cases they have in the various states in which you are licensed. Florida proposes to pay you on a per hour basis, four hours per month guaranteed and any time spent by you in excess of four hours per case would be paid to you at the established hourly rate.
You request an opinion concerning the propriety of your participating in such an arrangement. This opinion is based on the above statement of facts derived from the material submitted by you.
On the basis of the facts in the foregoing statement the Board construes this as a law firm engaging local counsel at a stipulated rate. There is nothing in the Iowa Code of Professional Responsibility for Lawyers which prohibits such an arrangement and if the foregoing statements are true it is the opinion of the Board that there would be nothing improper in this proposed arrangement, provided it is with the client’s consent.
CAVEATS
:
You are warned to make necessary arrangements permitting you to refuse to handle cases in which a conflict exists or could appear.
Neither Florida nor any other firm or person may use your stationery in their operations. Any communication between you and other persons in your practice of law must be by you and not by third persons. See Formal Opinion 91-24 (1991).