Can Lawyers Get Media Rights? - Model Rule 1.8(d)

Video lecture for my Professional Responsibility course (and MPRE prep) about ABA Model Rule 1.8(d) and the conflict of interest that arises when a lawyer requests or obtains literary or media rights in the representation.
This is an updated/redone version of a video I recorded back in 2020.
*PREQUEL TO THIS VIDEO (watch before it): Gifts From Clients Rule 1.8(c) • Gifts from Clients to ...
*SEQUEL TO THIS VIDEO (watch next): Financial Assistance to Clients Rule 1.8(e) • Can Lawyers Give Their...
Model Rule 1.8(d) provides:
"Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation."
The ABA"s Comment 9 to Rule 1.8 says,
"An agreement by which a lawyer acquires literary or media rights concerning the conduct of the representation creates a conflict between the interests of the client and the personal interests of the lawyer. Measures suitable in the representation of the client may detract from the publication value of an account of the representation. Paragraph (d) does not prohibit a lawyer representing a client in a transaction concerning literary property from agreeing that the lawyer's fee shall consist of a share in ownership in the property, if the arrangement conforms to Rule 1.5 and paragraphs (a) and (i)."
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
AI disclosure - this video and/or its thumbnail probably contain one or more AI-generated images in the presentation slides for purposes of illustration, not intended to depict any actual person.