[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

choice. The majority pointed out that the Sixth Amendment guaranteed them a lawyer but
gave them no constitutional right “to spend another person’s money” for such services. If
no untainted sources of money could be found to retain private counsel, appointed counsel
would suffice. 23 The practical reality created by these cases is that a lawyer retained by a
defendant in a matter in which such a statute applies takes on the risk of nonpayment. 24
Multiple Consequences
Courts have created an array of equitable remedies to fill gaps in legal relief. For example,
courts also have ordered fee forfeiture as part of a disciplinary sanction. 25 A former client
who succeeded in disqualifying his former lawyer from representing his wife in a divorce
also was entitled to reversal of the trial court’s order to pay his wife’s attorney fees, 26 and
the client’s later grievance resulted in a public reprimand of the lawyer. 27 Some courts have
combined statutory fee forfeiture with other remedies. 28
A further issue arises about whether a law firm that defends its own disqualification
motion can charge its current client for the defense. If the firm is disqualified, the client
might have a partial or complete defense to the payment of legal fees or disgorgement of a
fee already paid. 29
6. Limiting Lawyer Liability Model Rule 1.8(h)
Problem
10-6. We blew it. Don’t know how but we did. Martyn & Fox failed to file a client’s
case within the appropriate statute of limitations. Must Martyn sit down with the client,
confess her error, and offer to pay the entire amount of the underlying claims?
7. Lawyer Proprietary Interest in Litigation Model Rule 1.8(i)
Problem
10-7. Client tells Martyn & Fox that he is strapped for cash and cannot afford our
requested retainer in a divorce case. Martyn & Fox, at Fox’s suggestion, has Client sign a
promissory note secured by a mortgage on the family home in lieu of the retainer. Okay?
8. Sexual Relationships with Clients Model Rule 1.8(j)
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