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Expert Analysis

When Criminal Defense Fees Come From Insurers ...

Law360, New York (September 12, 2011, 3:00 PM EDT) -- A lawyer is allowed to accept payment of fees by a third party if the conditions of Rule 1.8(f) of the Model Rules of Professional Conduct are met. Under Model Rule 1.8(f), a lawyer may accept payment for his or her services from someone other than the client if three conditions are met. First, the client must consent to the arrangement after consultation. Second, the third party may not interfere with the lawyer's exercise of his or her independent professional judgment on the client's behalf. Third, the lawyer must be able to function within the tripartite relationship in a way that allows the lawyer to protect client confidentiality in accordance with Model Rule 1.6....

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