Jason R. Rittie, Esq.Einhorn, Harris, Ascher, Barbarito & Frost PC                           165 East Main Street         ...
   Unrepresented Parties:    ◦ RPC 4.3 Dealing with Unrepresented Person; Employee of Organization    ◦ RPC 4.1 Truthfuln...
   Dual Representation:    ◦ RPC 1.7 Conflict of Interest: General Rule    ◦ RPC 1.8 Conflict of Interest: Current Client...
   Competency:    ◦ RPC 1.1 Competence:     A lawyer shall not:       (a) Handle or neglect a matter entrusted to the law...
   RPC 1.2(d) A lawyer shall not counsel or assist a client in    conduct that the lawyer knows is illegal, criminal or  ...
   RPC 1.2 Scope of Representation and Allocation of Authority    Between Client and Lawyer   Written Fee Agreements:   ...
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Landlord Tenant: Ethical Considerations in Landlord Tenant Law

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Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part three discusses the ethical considerations that attorneys who work with Landlord Tenant and Real Estate Law should know.

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Landlord Tenant: Ethical Considerations in Landlord Tenant Law

  1. 1. Jason R. Rittie, Esq.Einhorn, Harris, Ascher, Barbarito & Frost PC 165 East Main Street Denville, New Jersey 07834 (973) 627-7300 Jrittie@einhornharris.com
  2. 2.  Unrepresented Parties: ◦ RPC 4.3 Dealing with Unrepresented Person; Employee of Organization ◦ RPC 4.1 Truthfulness In Statements to Others ◦ RPC 3.4 Fairness to Opposing Party and Counsel ◦ RPC 2.4 Lawyer serving as Third Party Neutral ◦ RPC 1.13 Organization as the Client. Unrepresented party as a director, officer, employee, member, shareholder or other constituent of an “organization.”
  3. 3.  Dual Representation: ◦ RPC 1.7 Conflict of Interest: General Rule ◦ RPC 1.8 Conflict of Interest: Current Clients; Specific Rules ◦ RPC 1.9 Conflict of Interest: Duties to Former Clients
  4. 4.  Competency: ◦ RPC 1.1 Competence: A lawyer shall not: (a) Handle or neglect a matter entrusted to the lawyer in such manner that the lawyer’s conduct constitutes gross negligence. (b) Exhibit a pattern of negligence or neglect in the lawyer’s handling of legal matters generally.
  5. 5.  RPC 1.2(d) A lawyer shall not counsel or assist a client in conduct that the lawyer knows is illegal, criminal or fraudulent, or in the preparation of a written instrument containing terms that the lawyer knows are expressly prohibited by law… “Knows” denotes actual knowledge pursuant to RPC 1.0(f). RPC 3.3 Candor Toward the Tribunal prohibits a lawyer from, among other things, making false statements of material facts or law, and/or failing to make disclosure of a material fact to avoid assisting an illegal, criminal or fraudulent act by the client …
  6. 6.  RPC 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer Written Fee Agreements: ◦ RPC 1.5(a) provides that a lawyer’s fees must be reasonable as determined by examining eight (8) enumerated factors in the Rule. ◦ Not all fee arrangements must be in writing (if regularly represent the client). ◦ Hourly fee, Flat fee, or Contingency. ◦ RPC 1.5(b) provides that “When the lawyer has not regularly represented the client, the basis or rate of the fee shall be communicated in writing to the client before or within a reasonable time after commencing the representation.”

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