Attorney Adams is representing Paula Plaintiff in a paternity suit against Danny Defendant. Both Paula and Danny are well-known public figures, and the suit has attracted much publicity. Attorney Adams has been billing Paula Plaintiff at an agreed hourly fee for his services. Recently, Paula told Adams: “I’m going broke paying you. Why don’t you let me assign you all media rights to books, movies, or television programs based on my suit as full payment for all services you will render me between now and the conclusion of the suit?” Attorney Adams replied: “I’ll consider it, but first you should seek independent advice about whether such an arrangement is in your own best interests. Why don’t you do so and call me next week.” Is Attorney Adams subject to discipline if he agrees to Paula Plaintiff’s offer?
A. Yes, because the amount received by Attorney Adams would be contingent on the receipts from the sale of media rights.
B. Yes, because Attorney Adams has not concluded the representation of Paula Plaintiff.
C. No, because the paternity suit is a civil and not a criminal matter.
D. No, if Paula Plaintiff received independent advice before entering into the agreement.
Answer:B
Attorney Adams is representing Paula Plaintiff in a paternity suit against Danny Defendant. Both Paula and Danny are well-known public figures, and the suit has attracted much publicity. Attorney Adams has been billing Paula Plaintiff at an agreed hourly fee for his services. Recently, Paula told Adams: “I’m going broke paying you. Why don’t you let me assign you all media rights to books, movies, or television programs based on my suit as full payment for all services you will render me between now and the conclusion of the suit?” Attorney Adams replied: “I’ll consider it, but first you should seek independent advice about whether such an arrangement is in your own best interests. Why don’t you do so and call me next week.” Is Attorney Adams subject to discipline if he agrees to Paula Plaintiff’s offer?
A. Yes, because the amount received by Attorney Adams would be contingent on the receipts from the sale of media rights. B. Yes, because Attorney Adams has not concluded the representation of Paula Plaintiff. C. No, because the paternity suit is a civil and not a criminal matter. D. No, if Paula Plaintiff received independent advice before entering into the agreement.
Explanation: This is a personal conflict. Under Rule 1.8(d), “prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.” The exception here is “prior to the conclusion of the representation.” Accordingly, B is the correct answer.