BOARD OPINION 2023-12 [Issued December 8, 2023]
Charging Lien in a Contingent Fee Agreement Based on Highest Settlement Offer
SYLLABUS: A lawyer may not offer a contingent fee agreement that requires the client to give the lawyer a charging lien for a percentage of the highest settlement offer made prior to termination of the client-lawyer relationship.
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BOARD OPINION 2023-13 [Issued December 8, 2023]
Settlement Agreement Prohibiting a Lawyer’s Disclosure of Information Contained in a Public Record
SYLLABUS: A settlement agreement that prohibits a lawyer’s disclosure of a publicly accessible government record or the information contained therein is an impermissible restriction on the lawyer’s right to practice. A lawyer may not participate in either the offer or acceptance of a settlement agreement that includes a prohibition on a lawyer’s disclosure of the same. However, due to the complexity of exemptions contained in state or federal law, not all requests to prohibit disclosure will be a violation of Prof.Cond.R. 5.6(b). A lawyer is not required to abide by a client’s decision to settle a matter if the settlement is conditioned on a restriction to practice and must withdraw from the representation. The Board recommends that the holding in this opinion be applied prospectively.
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