A lawyer is representing a client in a highly publicized criminal case. The client, facing serious charges, has limited financial resources. The lawyer proposes a fee arrangement where the lawyer will receive a significantly reduced hourly rate, plus a percentage of any book or movie deal profits the client might secure related to the case after its conclusion. Is this fee arrangement ethically permissible?
- AYes, as long as the total fee does not exceed a reasonable amount for the services rendered.
- BYes, provided the client gives informed written consent to the arrangement.
- CNo, because such an arrangement creates an impermissible conflict of interest between the lawyer and client.
- DNo, because a lawyer may not acquire a proprietary interest in the subject matter of litigation.
Show answer & explanationAnswer & explanation
Correct answer: C. No, because such an arrangement creates an impermissible conflict of interest between the lawyer and client.
Model Rule 1.8(d) specifically prohibits a lawyer from negotiating for or acquiring literary or media rights to a portrayal or account based in substantial part on information relating to the representation, prior to the conclusion of all aspects of the matter. Such an arrangement creates an inherent conflict of interest because the lawyer's interest in maximizing media profits could conflict with the client's best interest in the legal outcome, potentially influencing strategic decisions in the case.
Why the other options are wrong
- A. The reasonableness of the fee is a separate consideration; even if reasonable, the *type* of fee arrangement itself is prohibited due to the inherent conflict of interest.
- B. Informed written consent generally cures many conflicts, but this specific type of conflict (literary/media rights prior to conclusion) is non-consentable.
- D. While lawyers generally cannot acquire a proprietary interest in the subject matter of litigation, this rule is more specifically addressed by the prohibition on literary/media rights.
Literary/Media Rights (Prior to Conclusion)
A lawyer is prohibited from negotiating for or acquiring literary or media rights to a portrayal or account based in substantial part on information relating to the representation, prior to the conclusion of the representation.
- Prohibition applies *before* the conclusion of the representation.
- Creates an impermissible conflict of interest.
- Lawyer's interest could diverge from client's legal objectives.
Memory trick: No Book Deals Before the Case Appeals!