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The Concept of Representation
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- Unfortunately, from our perspective, however, the ABA's small step forward included a problematic step backward. The amendments to Model Rule 1.8(e) included new Comment 13, which provides that [f]inancial assistance, including modest gifts pursuant to paragraph (e)(3), may be provided even if the representation is eligible for fees under a fee-shifting statute. However, paragraph (e)(3) does not permit lawyers to provide assistance in other contemplated or pending litigation in which the lawyer may eventually recover a fees, cuh as contingent-fee personal injury cases or cases in which fees may be available under a contractual fee-shifting provisionAuthors: Aba The