Disciplinary Grievances Against Practitioners - page 7

situation, and in each case, the Court imposed a financial penalty on the
attorney, in addition to requiring the return of any EAJA fees paid for any
purported post-death conversations.
Model Rules 1.1, 3.3, 5.3(b).
B.
Charge of Unreasonable Fees
1.
Under Model Rule 1.5(a), "[a] lawyer shall not make an agreement for,
charge, or collect an unreasonable fee or an unreasonable amount for
expenses."
Unreasonable fees include billing several clients for the same
work performed or for time not actually expended. In one case, the Court
reviewed an allegation that a practitioner billed more than 24 hours in a
one-day period and charged clients for work product that was reused. This
may also constitute making false statements to a tribunal in violation of
Model Rule 3.3(a)(1).
V.
Privileged Communications
(
See also
Communication)
A.
Maintaining Client Confidences
.
1.
Pursuant to Model Rule 1.6, confidential information should not be
disclosed outside of certain enumerated exceptions.
This prohibition
includes posting confidential information about a client's case on the
internet, including blogs, social media, etc., without the client's
permission. A practitioner violated Model Rule 1.6 when posting on a
blog information about a former client's case, even though the client had
previously given a newspaper interview about the case.
VI.
Professionalism
A.
Maintaining
.
1.
Failing to remain in good standing with a state bar where an attorney is
admitted to practice may result in discipline by the Court.
Attorneys must
notify the Court of the loss of good standing in their state bar. The Court
has imposed reciprocal discipline after an attorney self-reported, in
compliance with A&P Rule 4(c)(1), that a state supreme court had
imposed a suspension. Failure to notify the Court may constitute an
additional, independent ethical violation. The Court publicly reprimanded
an attorney for failure to self-report.
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