Gifts from Clients

Lawyers are prohibited from asking for large gifts from clients or drafting documents that give themselves or their relatives significant gifts. This rule is in place to prevent conflicts of interest and ensure that clients make decisions free from undue influence, unless the client is a family member or has received independent legal advice about the gift.

A lawyer represents a client in a real estate transaction and suggests that the client include a clause in the contract that gifts the lawyer a substantial piece of property. The client is not a relative and has not consulted independent counsel about this arrangement. This would violate the rule, and the lawyer could face disciplinary action.

No gifts unless they're family or you've got a lawyer on your side!

Exams often present scenarios where a lawyer appears to have a close relationship with a client, tempting students to overlook the gift solicitation rule. Students might confuse permissible gifts with those that violate the rule due to familial ties.

Questions typically involve a fact pattern where a lawyer discusses a gift with a client, requiring candidates to identify whether the situation complies with the rule on gifts from clients.