The Rules of Professional Conduct are rules of general application, and attorneys are presumed to know them. While most of the rules seem natural and sensible and easy to follow, sometimes they appear unnecessary or even counterproductive. Attorneys must decide whether the RPCs apply in a given situation or whether they may be safely disregarded. Consider, if you will, the following scenarios.
• You are an experienced plaintiff’s personal injury lawyer. You’re standing in for a colleague, “putting through” a “friendly hearing,” approving the settlement of her infant client’s injury claim. A one-page memo, clipped to the file, informed you that six year-old Roy was injured when his mother’s car was rear-ended by an uninsured driver who was texting. Roy and his siblings, two year-old twins Polly and Anna, were also injured. All were properly secured in approved child safety seats. The suit is against the mother’s UM policy, which had liability limits of $15,000 per person and $30,000 per accident. Another law firm had settled the mother’s case for $15,000. Your friend represents the three children. The twins’ cases were previously settled for $4,500 each (below the $5,000 amount which would require a “friendly”) and Roy’s case settled for $6,000, subject to court approval.
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