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.

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.  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.  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.  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.  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.  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.”