Supreme Court orders new look at case of endangered frog
WASHINGTON (AP) — The U.S. Supreme Court is ordering a lower court to take a new look at a federal agency’s designation of Louisiana timberland as a critical habitat for an endangered frog found only in Mississippi.
The court ruled Tuesday in a case involving a 1,500-acre (607-hectare) tract owned by the Weyerhaeuser (WEHR’-how-zur) Co. and others that has been identified as the only potential breeding ground outside Mississippi for dusky gopher frogs.
Chief Justice John Roberts wrote for the court that judges must consider the definition of the term habitat in the Endangered Species Act and whether it includes areas like the Louisiana tract that might have to be modified for the frog to thrive there.
The court ruled 8-0.
Justice Brett Kavanaugh took no part in the case. He joined the court after arguments.
ABA issues new guidance on helping clients who use third-party assistance to pay legal fees
The American Bar Association Standing Committee on Ethics and Professional Responsibility released today Formal Opinion 484, which outlines the model rules that lawyers should be alert to when referring clients to fee-financing companies or brokers to pay their legal fees.
With some clients needing assistance to pay their legal fees for either civil or criminal matters, the new formal opinion addresses a half-dozen scenarios in which lawyers assist their clients with third-party financing through traditional lenders, such as a bank, or a loan financing company.
In each case, Formal Opinion 484 notes that lawyers may participate in these arrangements but should comply with specific model rules to ensure communication and transparency and avoid any conflict of interest.
When a lawyer has an interest in the financing firm, Formal Opinion 484 adds that Model Rule 1.8, which elaborates on conflict of interest rules, also requires the lawyer to ensure that the “terms and transaction are fair and reasonable to the client” and the financial relationship is fully disclosed.
In helping clients with financing, the opinion underscores the importance for lawyers to know these specific ABA Model Rules of Professional Conduct:
• Model Rule 1.2(c) Scope of Representation and Allocation of Authority Between Client and Lawyer
• Model Rule 1.4(d) Communications
• Model Rule 1.5 (a) and (b) Fees
• Model Rule 1.6 Confidentiality of Information
• Model Rule 1.7 (a) and (b) Conflict of Interest: Current Clients
• Model Rule 1.9(a) Duties to Former Clients
––––––––––––––––––––
Subscribe to the Legal News!
http://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
