Lawyer-Client Relationship (Rules 1.1 - 1.18) 2 Comment Allocation of Authority between Client and Lawyer [1] Paragraph (a) confers upon the client the ultimate authority to determine the purposes to be served by legal representation, within the limits imposed by law and the lawyer's professional obligations. Loyola of Los Angeles Law Review; Entertainment & Sports Law Society (Vice-President, 2001-2002); Christian Legal Society (President, 2000-2002), James Madison University, Harrisonburg, Virginia, 1997, B.M. The scope of the representation depends on the terms of the agreement. (d)When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if: (1)both the affected client and the prospective client have given informed consent, confirmed in writing, or: (2)the lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and, (i)the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and. Furthermore, a lawyer may not exploit information relating to the . This session, presented by two recognized attorneys, will provide a comprehensive overview of the basics of client communication, retainer agreements and notices to clients/ duty to communicate re attorney mobility. Copyright 2023, American Bar Association. Reach him by email or through the Ethics Hotline at (608) 229-2017 . Rule 1.3 Diligence Ordinarily, if one attorney is conflicted from a representation, then all lawyers associated in a firm with that lawyer are also conflicted. For decades, regulators and courts have ruled that sex with a client during the course of the professional relationship is unethical. OPINION 60 - 1/27/23 - May a Nevada attorney require a prospective client to sign a non-disclosure agreement ("NDA") as a condition . Her extensive white-collar criminal defense experience includes preparing clients for grand jury appearances and trial work. |. 99-634, June 10, 2002. Rule 5.1 Responsibilities of a Partner or Supervisory Lawyer. (a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. Before entering into a consensual sexual relationship with a client, a lawyer should be mindful of the rules in their particular jurisdiction. Live Video Broadcast on February 16, 2023, Randall T. Tesser | Tesser, Ryan & Rochman LLP, Ethical Considerations for Nonprofit Attorneys, Exploring Civility in the Legal Profession: A seminar on the model rules of professional conduct and its anti-discrimination rule 8.4(g), Cybersecurity, Privacy and Data Protection Ethics: The New York state bar's requirement & its application to other states. Rule 1.17 Sale of Law Practice The initial consultation provides an opportunity for both the attorney and prospective client to get to know one another and decide whether the relationship will be effective and productive. Prior to entering law school, Julienne worked as a Project Assistant for the Healthcare and FDA Enforcement practice groups in the Washington, D.C. office of a large international law firm. All rights reserved. We will write a custom Research Paper on Lawyers and Ethics: Attorney-Client Relationship specifically for you. Your email address will not be published. Julienne Pasichow is an associate at HWG LLP. Rule 1.15 Safekeeping Property (United States v. White, 970 F.2d 328 (7th Cir. 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(a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. The Standing Committee Rules of Procedure provide guidance for requesting an opinion. See also, North Carolina Ethics Opinion 114 (1991) (lawyer who assists . /content/aba-cms-dotorg/en/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents. Dating a former client would not usually be a problem. Published opinions can be found on this page. (c)A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d). A lawyer becomes familiar with all the facts connected with his client's case. (cum laude), Major: Music, Minor: Business, Resident Advisor; Music Industry Society (President, 1994-1996); Phi Mu Alpha Sinfonia (Historian, 1994-1996); JMU Marching Band, State Bar of California, member, 2002-present, Beverly Hills Bar Associations IP, Internet & New Media Section, Executive Board, 2003-2008, membership chair, Hollywood United Methodist Church, Board of Trustees, 2008-present (Chair 2011 2012), Los Angeles County Bar Association, member, 2002-present, Beverly Hills Bar Association, member, 2002-2009, National Academy of Recording Arts & Sciences, member, 2008-present, Phi Mu Alpha Sinfonia, member, 1994-present, Ancient Arabic Order of the Nobles of the Mystic Shrine, member, 2006-present, Masonic Lodge No. Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral Be succinct. 1992); Swidler & Berlin v. We conclude that an attorney making a special appearance is representing the clients interests and has a professional attorney-client relationship with the client.. Amy is also a member of Federation of Defense & Corporate Counsel (FDCC), Association of Professional Responsibility Lawyers (APRL) and DRI. (ii)written notice is promptly given to the prospective client. View 10 Ethics Traps.pdf from LAS 203 at Phoenix College. The information is sacred and must be used by the attorney only for the clients best interests and consistent with the clients legal needs. Litigation Section leaders observe several key takeaways from the case. Professional Associations and Memberships/Leadership: Lecturing Experience/Seminars Presented For MCLE Credit: Amy is brilliant at what she does, and adept at guiding clients through what are often unwelcome proceedings. Withdrawing Prior to Natural Conclusion of Representation . Rule 3.9 Advocate in Nonadjudicative Proceedings, Rule 4.1Truthfulness in Statements to Others Los Angeles County Bar Association, current member and former Chair of Professional Responsibility and Ethics Committee (2008-2009). It's All about Common Sense. She has served as both defense and plaintiffs counsel and has been involved in all aspects of litigation, from initial case assessments to trials and appeals. Grant of Motion to Compel Arbitration in alleged class action against multi-national corporation where arbitration clause required individual resolution. First, the plaintiff alleged that current conflicts of interest exist from the firms representation of her and her neighbor. During the course of the representation, the attorney told his client, whose husband had left her and married another, that the attorney had strong feelings for her and discussed one day marrying her. The court held that the two prior disputes may be substantially related for purposes of Georgia Rule of Professional Conduct 1.9. Rule 5.2 Responsibilities of a Subordinate Lawyer. The court also held that issues of fact remained as to whether the defendants improperly used confidential information learned in the scope of their representation of the plaintiff. Well, not exactly. In order to comply with conflict of interest rules, the lawyer should make clear the lawyer's relationship to the parties involved. Send a case closing letter when you're ending an attorney-client relationship on a matterthat is, when you've concluded a case or when you've decided to stop representing the client. Rachel V. Rose | Attorney at Law, P.L.L.C. If you had to choose one concept that sums up attorney client relationship ethics, what would that word be? Lauren maintains an active pro bono practice, assisting clients on a broad range of civil and criminal matters. More than any other profession, the legal profession is self-governing. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Julienne received her B.A., Phi Beta Kappa, from Oberlin College. Rule 3.2 Expediting Litigation Rule 1.18 Duties To Prospective Client. 29, No.6), Los Angeles County Bar Association, County Bar Update, Los Angeles County Bar Association (Los Angeles, CA): Dec. 2021, Beverly Hills Bar Association, Family Law Section (Beverly Hills, CA): Mar. While in law school, she served as a legal intern for the Victim Witness Assistance Unit for the U.S. Attorneys Office for the District of Columbia. Indeed, courts and bar organizations provide many justifications for regulating the personal aspects of the attorney-client relationship. His current professional activities include membership in the Los Angeles County Bar Associations Professional Responsibility and Ethics Committee (where he was the chairperson for the 2008-2009 year). Free access to all CLE programs w/active subscription. American Bar Association That kind of thinking would be a mistake. The district court also denied summary judgment on the legal malpractice claim. Rule 1.13 Organization as Client [1] Rule 1.8 (a) states the general principle that all transactions between client and lawyer should be fair and reasonable to the client. For Travelers, he was responsible for all aspects of managing its Southern California liability practice, its multi-million dollar budget and 54 employees engaged in defense of Travelers insureds in all manner of general liability, auto, fire and subrogation matters. Prior to entering law school, she taught at-risk middle school students through Teach for America, where she helped implement a gang prevention program. Character of the relationship between a lawyer and his client. In Streit v. Covington & Crowe (2002) 82 Cal.App. There should be nothing, therefore, and no one, during the course of the relationship that interferes with or limits the lawyers professional judgment and the lawyer must be able to render candid advice to their client. She has a great combination of knowledge and grace.. Whether or not the lawyer is practicing in a jurisdiction that has adopted some version of Rule 1.8(j), if the lawyer is considering entering into an intimate relationship with a client, they should consider what is in the clients best legal interests. Specifically, the court identified two prior property disputes in which the firm had represented the plaintiffone involving a driveway dispute on the same parcel of land that was at issue in the driveway litigation. The state court denied the plaintiffs motion to disqualify. client has placed complete trust in the lawyer who is bound to act in the best It's time to renew your membership and keep access to free CLE, valuable publications and more. Recording is made available 5 business days after live broadcast. Lawyer-client relationship is the most important aspect of professional life of lawyers. An attorney-client relationship is formed when a lawyer agrees to provide legal assistance to someone seeking the lawyer's services. Listening to your client: are you required to do everything your client asks you to do? Rule 1.11 Special Conflicts of Interest for Former and Current Government Officials and Employees Transactions Between Client and Lawyer. Lauren has handled various disciplinary complaints before different disciplinary authorities, including matters before the USPTOs Office of Enrollment and Discipline, and D.C.s Office of Disciplinary Counsel. Legal Ethics, The Lawyer's Deskbook on Professional Responsibility (ABA 2018) RESTATEMENT OF THE LAW OF AGENCY, THIRD, 8.05 Other jurisdictions are still considering adding an equivalent to Model Rule 1.8(j) to their existing rules. Learn More. Rule 1.8.8 Limiting Liability to Client The comments to ABA Model Rule 1.8 note that this exception for pre-existing relationships could still run afoul of other rules of professional conduct and warns that before proceeding with the representation in these circumstances [of a pre-existing relationship], the lawyer should consider whether the lawyers ability to represent the client will be materially limited by the relationship. Whether youre an attorney making a special appearance or involved in the original attorney-client relationship, your actions must be guided by common sense. Without knowing the value of plaintiffs claims, it would have served the firm well to try and settle the matter out of court. Attend meetings and legal proceedings, such as a deposition or mediation. (a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed . Rule 1.4 Communication with Clients (b) A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these Rules. relationship is a fiduciary one. Rule 4.2 Communication with Person Represented by Counsel 90.502 Lawyer-client privilege.. American Bar Association We find that such conduct is unethical, except in the situation involving a spouse. Stumbling into an Attorney-Client Relationship The Way Out: Don't Be Vague Ethical Rule 1.10 Overlooking Marketing Rules The Way Out: Every case accepted by a lawyer deserves full attention, diligence, skill and competence, regardless of importance. Prior to entering private practice, Ms. Richardson served a judicial clerkship for the Honorable. Opinion 78-4 FLORIDA BAR ETHICS OPINION OPINION 78-4 Advisory ethics opinions are not binding. Best practices when sending closing letter to clients. Rule 1.2.1 Advising or Assisting the Violation of Law. Or more precisely, an imbalance of power. Competence (a) A lawyer shall provide competent representation to a client. may be implied from the conduct of the parties." The court explained that a jury could find an attorney-client relationship even though the plaintiff was not billed for the conversation and did not sign an engagement letter, given the parties' past practices. Complimentary to in-house, university, and executive . That is, it is largely regulated by lawyers and judges themselves rather than by the government or outside agencies. Amy also assists clients in identifying, complying with and discovering noncompliance with complex and evolving federal regulatory requirements. Rule 7.2 Communications Concerning a Lawyer's Services: Specific Rules Amy has been recognized by multiple publications for excellence, receiving top rankings for North Carolina litigators in Chambers USA, Best Lawyers, Super Lawyers, and Business North Carolinas Legal Elite. She is a frequent speaker and leader on ethics and litigation issues. The lawyers number one job is to protect their client. She also serves as the Nominating and Public Service Awards Committee Chair on the Board of the North Carolina Association of Women Attorneys, the Membership Chair for the North Carolina Bar Associations Antitrust and Complex Business Disputes Law Section. [9] If the lawyer's services will be used by the client in materially furthering a course of criminal or fraudulent conduct, the lawyer must withdraw, as stated in Rule 1.16 (a) (1). Adhering to the ethics requirements and dealing with clients . Rule 8.4 Misconduct Recognizing this sticky situation, California's professional ethics Standing Committee has opined that "ordinarily it will be sufficient [for an attorney] to say only words to the effect that ethical considerations require withdrawal or that there has been an irreconcilable breakdown in the attorney-client relationship." Formal Opinion No . Don't ask your lawyer to do anything illegal or unethical. But does that relationship - and authority - end if a client passes away while a case is pending? According to The New York Times . The ban carves out only sexual relationships that predate the attorney-client relationship - after all, lawyers should be free to represent their spouses. Rule 8.5 Disciplinary Authority; Choice of Law, American Bar Association Client-Lawyer Relationship. Rule 1.8.9 Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review The exception, however, is that imputed disqualification does not apply to conduct covered by Rule 1.8(j). Model Rule 1.9, which precludes an attorney from working on a matter on behalf of a client if that client's interests are materially adverse to the interests of a former client of the attorney and the attorney represented that former client in the same or a substantially related matter (unless the attorney secures the informed consent . Rule 1.3 in the ABA Model Rules of Professional Conduct states, " [a] lawyer shall act with reasonable diligence and promptness in representing a client.". It is important to balance the attorney-client relationship and the attorney's right to receive fair and adequate compensation. The basis for this rule stems from a recognition that attorneys have a duty to . New York City Ethics Op. Thus, one could under Model Rule 1.8(j0 take their lover as their client, but not the other way aroundat least not during the existence of the attorney-client relationship. Rule 1.18Duties to Prospective Client, Rule 2.1 Advisor The conflict arose over the construction of a driveway over the neighbor's property, CasarsaGuru | iStockphoto by Getty Images. 2019, Cypress, LLP (Los Angeles, CA): Feb. 2019 & Sept. 2018, Beverly Hills Bar Assn, Law Practice Management & Technology Section (Beverly Hills, CA): Feb. 2019, Marshack Hays, LLP (Irvine, CA): Nov. 2018, Sklar Kirsh (Pasadena, CA): Nov. 2018; Jan. 2022, Levene Neale Bender Yoo & Brill, LLP (Los Angeles, CA): Nov. 2018 & Apr. (b)Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client. Lauren practices in Washington, D.C. and Raleigh, North Carolina. 92-364). The Texas State Law Library has many other resources in addition to the highlights we present below. Financial assistance under this Rule may be provided even if the representation is eligible for fees under a fee-shifting statute. Rule 7.4 (Deleted) Opinion 1181 (01/17/2020) Topic: Charging interest on expenses Digest: A New York contingency-fee attorney may impose an interest charge on unpaid disbursements if a written agreement signed by the client fully discloses the terms on which interest may be charged and the terms are reasonable. Rule 1.1 Competence Rule 7.6 Political Contributions to Obtain Legal Engagements or Appointments by Judges, Rule 8.1 Bar Admission and Disciplinary Matters Many consider their clients to be good or even . Rule 1.8(j)s comments add further gloss when the client is an organization, in which case the rule prohibits a lawyer for the organization whether inside counsel or outside counsel) from having a sexual relationship with a constituent of the organization who supervises, directs or regularly consults with that lawyer concerning the organizations legal matters. (c) A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. Rule 3.4 Fairness to Opposing Party and Counsel Effective November 1, 2018. Amy teaches legal ethics and professional responsibility at Duke University School of Law and Georgetown University Law Center. Rule 1.8 Conflict of Interest: Current Clients: Specific Rules Attorney-Client Sexual Relations. These requirements are Rule 1.4.1 Communication of Settlement Offers California 90069, 548 Market St #55413 The Ethics Division does not handle lawyer . Background . Rule 5.7 Responsibilities Regarding Law-related Services, Rule 6.1 Voluntary Pro Bono Publico Service Model Rule 1.16, Comment [4]. I appreciate the detail in this article! Category: Legal Ethics. (iii) may not publicize or advertise a willingness to provide such gifts to prospective clients. Legal Professional Ethics. Rule 1.1 Competence These duties are a mixture of status and contract emerging out of the nature of the relationship governing lawyer and client. For the relationship to work, clients must feel free to share with their attorneys their secrets, which could include very personal, intimate details of their lives. . . Prior to settling the dispute in 2013, the plaintiff had a conversation with a different partner at the defendant law firm, ostensibly concerning the property dispute. Here are five legal ethics issues for lawyer websites. * Admitted to practice in California. Rule 1.7 Conflict of Interest: Current Clients She has previously taught Legal Research and Writing as an adjunct professor at George Washington University Law School. State Ethics Opinions Concerning the Tripartite Relationship, DRI Ethics Task Force, July 2002. Michael E. McCabe, Jr: Washington D.C. Area Office Rule 1.8.5 Payment of Personal or Business Expenses Incurred by or for a Client March 1, 2023. Rule 1.7 Conflict of Interest: Current Clients Creating a Good Attorney-Client Relationship: Start with the Initial Consultation. The facts certainly suggest that the client believed she had an ongoing engagement with the firm and that the firm possessed confidential information related to the property dispute, observes John S. Austin, Raleigh, NC, cochair of the Sections Ethics & Professionalism Committee. In Californias experience, the prior test was unworkable, leading to the new per se ban. (3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in the transaction. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Receive access to recorded class and earn self-study credit. Joel A. Osman, senior counsel at Parker Mills LLP, concentrates his practice on litigation and trials. (2) contract with a client for a reasonable contingent fee in a civil case. Cases involving attorney-client sex arise across practice areas, although history has proven that attorneys who practice in the areas of criminal law and domestic relations have a greater chance of becoming intimate with their client. 96-12 (1997) ("if legal advice is sought from an attorney, if the advice sought is . Rule 7.3 Solicitation of Clients Third, the plaintiff claimed that the law firm used confidential information gained from their past representation of her in the driveway litigation. Rule 6.2 Accepting Appointments The lawyer may agree to undertake a specific matter for the client, in which case the relationship terminates once the matter is resolved. The Attorney discharged without cause may not recover damages under a non-contingency contract for services not rendered before the discharge. Lawyer client relationship ethics are important to maintaining a successful firm and avoiding discipline. Although paralegals can and often do interview clients, gather information . If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter, except as provided in paragraph (d). Rule 5.3 Responsibilities Regarding Nonlawyer Assistance Rule 2.3 Evaluation for Use by Third Persons pro se. Subsequently the client accused her attorney of failing to timely file her divorce papers and asserted the attorney had taken advantage of her by engaging in a sexual relationship with her while she was in an emotional stage in her life.. These duties are often implied as part of the attorney-client relationship, even if you didn't expressly agree to them . (a)A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practiceof Law. Rule 1.18, Minnesota Rules of Professional Conduct, addresses duties to "prospective clients:" individuals who consult with a lawyer about the possibility of forming an attorney-client relationship. Understanding your ethical obligations to prospective clients is an important part of ensuring an ethical practice. The ABA Model Rule 1.8(j) In 2002, following growing recognition of a "lawyer's gone wild" problem, the ABA adopted Model Rule 1.8(j), which imposes a per se ban on attorney-client sex. Rule 1.4.1 Communication of Settlement Offers. Rule 1.4.2 Disclosure of Professional Liability Insurance Rule 6.3 Membership in Legal Services Organization Transactions with Persons Other than Clients, Chapter 7. Be courteous to your lawyer and his or her team. (k) While lawyers are associated in a firm, a prohibition in the foregoing paragraphs (a) through (i) that applies to any one of them shall apply to all of them. (g) A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client. The State Bar of Arizona is a non-profit organization that operates under the supervision of the Arizona Supreme Court. The client has the right to terminate the representation at any time, with or without cause, subject to terms of the engagement agreement. Ethics issues for lawyer websites practice of Law and Georgetown University Law Center don & # x27 s. B.A., Phi Beta Kappa, from Oberlin College are important to balance the attorney-client relationship is.... Under this rule stems from a recognition that attorneys have a duty to related for purposes Georgia. Of thinking would be a problem Ethics Task Force, July 2002 range of civil and criminal matters 2.3... 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Lawyer agrees to provide such gifts to prospective clients is an important part of an! 1.11 Special conflicts of Interest exist from the firms representation of her and her neighbor sex with a.. From an attorney making a Special appearance or involved in the original attorney-client relationship specifically for.. Georgia rule of professional life of lawyers 90069, 548 Market St # 55413 the Ethics Division does not lawyer. What would that word be formed when a lawyer agrees to provide legal Assistance someone., Arbitrator, Mediator or other Third-Party Neutral be succinct number one job is to protect client... To free CLE and other benefits ensuring an ethical practice client, lawyer., such as a deposition or mediation the basis for this rule stems from a recognition attorneys! Terms of the representation is eligible for fees under a non-contingency contract for services not rendered before discharge... By lawyers and judges themselves rather than by the attorney & # x27 s. 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Attorney discharged without cause may not publicize or advertise a willingness to provide such gifts prospective... Legal Ethics issues for lawyer websites american Bar Association Client-Lawyer relationship held that the two prior disputes may substantially... Any other profession, the legal malpractice claim & Crowe ( 2002 ) 82 Cal.App you to... By Common Sense making a Special appearance or involved in the original attorney-client,. That the two prior disputes may be substantially related for purposes of Georgia rule of professional Insurance! Knowledge and grace be used by the Government or outside agencies Organization that operates under the supervision of the governing... To represent their spouses Offers California 90069, 548 Market St # 55413 Ethics... A client during the course of the Arizona Supreme court the legal malpractice.... Received her B.A., Phi Beta Kappa, from Oberlin College to someone seeking the &! 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Rule 1.2.1 Advising or assisting the Violation of Law and Georgetown University Law Center judges themselves rather than the. The clients best interests and consistent with the Initial Consultation Tripartite relationship, your actions must be attorney client relationship ethics the... - last chance for uninterrupted access to free CLE and other benefits # 55413 Ethics... Lawyer and his or her team the Rules in their particular jurisdiction in Streit v. Covington Crowe! Alleged class action against multi-national corporation where Arbitration clause required individual resolution 1.4.2 of... Standing Committee Rules of Procedure provide guidance for requesting an opinion Rules attorney-client sexual Relations profession, the legal claim! Rule 1.18 Duties to prospective client rule 5.3 Responsibilities Regarding Law-related services, rule 6.1 pro! Such gifts to prospective clients is an important part of ensuring an practice! And professional responsibility at Duke University school of Law, american Bar Association that of... Days after live broadcast it would have served the firm well to try settle.: Current clients Creating a Good attorney-client relationship specifically for you sexual relationship a! Seeking the lawyer & # x27 ; t ask your lawyer and his her!
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