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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony, -- Ignore unavailable to you. Want to Upgrade?

To: Anthony@Pacific who wrote (75117)	2/28/2002 10:19:31 PM
From: Anthony@Pacific	Read Replies (2) \| Respond to of 122087

And This: CRPC 3-300 applies when a lawyer enters a business transaction with the client or “knowingly acquire[s] an ownership, possessory, security, or other pecuniary interest adverse to a client.” Here a lawyer must insure that: (1) the terms of the transaction are fair and disclosed in writing to the client in a manner in which the client should reasonably be able to understand, see CRPC 3-300(A); see also In the Matter of Johnson (Review Dept. 1995) 3 Cal. State Bar Ct. Rptr. 233, 242 (client’s unsecured loan of approximately $20,000 to attorney is unfair); (2) the client is advised in writing to seek the advice of an independent lawyer and given a reasonable opportunity to do so, see CRPC 3-300(B); and (3) the client thereafter provides written consent, see CRPC 3-300(C). [See also 1.5:210 , Client-Lawyer Fee Agreements, infra; 1.8:200 Lawyer's Personal Interest Affecting Relationship, infra].