Gifts from Clients to Lawyers - Model Rule 1.8(c)

Video lecture for my Professional Responsibility course (and MPRE prep) about ABA Model Rule 1.8(c), which addresses the conflicts of interest that may arise when clients give gifts to their lawyers. This is an updated/redone version of a video I recorded back in 2020.
*PREQUEL TO THIS VIDEO (watch before it): Model Rule 1.8(b) • Misusing Client Inform...
*SEQUEL TO THIS VIDEO (watch next): Model Rule 1.8(d) • Can Lawyers Get Media ...
Model Rule 1.8(c) provides:
" A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship."
The ABA's Comments 6-8 for this Rule say:
[6] A lawyer may accept a gift from a client, if the transaction meets general standards of fairness. For example, a simple gift such as a present given at a holiday or as a token of appreciation is permitted. If a client offers the lawyer a more substantial gift, paragraph (c) does not prohibit the lawyer from accepting it, although such a gift may be voidable by the client under the doctrine of undue influence, which treats client gifts as presumptively fraudulent. In any event, due to concerns about overreaching and imposition on clients, a lawyer may not suggest that a substantial gift be made to the lawyer or for the lawyer's benefit, except where the lawyer is related to the client as set forth in paragraph (c).
[7] If effectuation of a substantial gift requires preparing a legal instrument such as a will or conveyance, the client should have the detached advice that another lawyer can provide. The sole exception to this Rule is where the client is a relative of the donee.
[8] This Rule does not prohibit a lawyer from seeking to have the lawyer or a partner or associate of the lawyer named as executor of the client's estate or to another potentially lucrative fiduciary position. Nevertheless, such appointments will be subject to the general conflict of interest provision in Rule 1.7 when there is a significant risk that the lawyer's interest in obtaining the appointment will materially limit the lawyer's independent professional judgment in advising the client concerning the choice of an executor or other fiduciary. In obtaining the client's informed consent to the conflict, the lawyer should advise the client concerning the nature and extent of the lawyer's financial interest in the appointment, as well as the availability of alternative candidates for the position.
I have the comments turned off on my channel due to scammers posting marketing ads and trolls posting other inappropriate content. But if you found the video helpful and want to let me know, email me - dstevenson @ stcl.edu
#lawschool #legalethics #legal #law