proRo class 7

does it become unethical if that minimum can't be met honestly
without padding?

the ABA claims to take a hard line on this, and finds the practice to be
unethical. it is increasingly the subject of discipline.

double billing: you're giving up your availability to other clients.
this makes double billing unethical because you're not really
available.

contingency fees, rule 1.5
rule 1.5(c) there are more stringent requirements for contingent fees than
for flat fees. why are there so many more disclosure requirements for
contingency? the new york court rules supplement 1.5(b) to say that
there must be some consistency even for non-contingent cases?

the disadvantage of contingent fees is that poor people are not
protected, lawyers are likely to cherry pick cases, and undermines
the civil interests of our judicial system. there may be conflict of interest
for the criminal defense attorney that they may press for trial instead
of a plea. is that a real worry when pleas are at 90%?

lesser offense -- all would have to be spelled out in the contingency
agreement which would make it extremely complicated: there's an
efficiency issue as well.

there's no rule about how much a contingency percentage can be, it
only must be up to "reasonable" amount. tend to be between 30-40%
and there have been some cases where contingency fees above 50%
have been considered unreasonable.

pro bono. rule 6.1
substantial majority should go to efforts focused on helping
the minimum recommended in NYS is 20 hours.
see comment 9 -- the ABA recognizes that there may be years where
the lawyer may not be able to meet the limited hours, and in that time
you can pay your way out if needed.
see comment 12 -- the responsibility is not intended to be enforced
through disciplinary processes.

see problem on 168 - should we adopt mandatory pro bono?