“Attorneys wear different hats when they perform legal services on behalf of their clients and when they conduct business with them. As to the latter, the law presumes the hat they wear is a black one.” This quote succinctly sums up how courts and ethics regulators feel about attorney-client transactions and how you will be viewed if you do business with your clients.
In this CLE course, attorney Peter Afrasiabi discusses the pertinent ethical rules and provides guidance on how you can avoid tripping the wires if you decide to do business with your clients. Peter will mainly cover the factors for attorney-client transactions to avoid ethical pitfalls, specific case examples, the effect of ethical violations and best practices to remain ethical. He also addresses California Rule of Professional Responsibility 3-300, ABA Rule 1.8, state fiduciary duty law, New York Rule 1.8, the original engagement, the presumption of undue influence, fair and reasonable & disclosed in a writing, advising independent counsel and getting client consent in writing. Peter also discusses the following specific transactions: a charging lien on future recovery proceeds, client assignment of right to statutory attorney’s fees, deeds of trust secured by a note to pay fees, joint ventures with clients, accepting stock from a startup and loans to clients.
From battles with Madonna over the “Material Girl” brand to fair use disputes with the Eagles’ Don Henley to protecting such iconic brands as Bettie Page in trademark and trade dress disputes, Peter R. Afrasiabi primarily handles copyright, trademark, and entertainment disputes. He is also the Chair of the Appellate Practice Group for One LLP and co-director of the Appellate Litigation Clinic at the University of California, Irvine School of Law.