What must an attorney obtain when being paid by a third party?

When an attorney is being paid by a third party to represent a client, it is essential to obtain written informed consent from the client. This requirement stems from the ethical obligations outlined in the Model Rules of Professional Conduct, specifically Rule 1.8(f), which addresses conflicts of interest and the need for transparency in the attorney-client relationship.

Written informed consent ensures that the client is fully aware of the arrangement, including any potential conflicts of interest and how the third party's payment might influence the representation. This consent protects both the attorney and the client, establishing clear communication and understanding of the client's interests and the relationship dynamics with the third party paying for the legal services.

Obtaining such consent is critical to uphold the attorney's duty of loyalty to the client and to ensure that the client’s autonomy is respected. It also serves to maintain the integrity of the attorney-client privilege, which could be jeopardized if the third party is privy to confidential information without the client’s explicit agreement.