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Civil lawyers must investigate sources of fees, Fifth Circuit rules.

Publication: Trial
Publication Date: 01-AUG-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
In a case of first impression, the Fifth Circuit has ruled that civil lawyers have an ethical duty to investigate the sources of the fees their clients pay and cannot be "willfully ignorant" of how their representation is being funded. (Fed. Trade Comm'n v. Assail, Inc., 410 F.3d 256 (5th Cir. 2005).)

As a result of the ruling, two Las Vegas lawyers were forced to return large retainers because the funds came from a pool of assets that had been frozen by a lower court. The decision may affect any area of civil practice in which a judge orders the freezing of assets.

The lawyers represented defendants who had engaged in a telemarketing scheme in which...

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