PR2 Flashcards

1
Q

Duty of Competence/Diligence (CA)

A

Icelandic Rangers Gaze at Norse Ruins

Intentionally
Recklessly
Gross Negligence
Repeatedly

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2
Q

Conflict of Interest

A

Delta Airlines: So Many Layovers
Rascally Pirate Witness
Revolve Babies In Communion Wine

Directly Adverse. Substantial Material Limitation
Related to Party or Witness (CA - disclose even if no material limitation)
Reasonable Belief carry on Rep (Informed consent in Writing)

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3
Q

Business Transaction with Client

A

For Reasons Due to Water, Soccer Club is Closed

Fair and Reasonable Terms
Disclosed in Writing
Seek Counsel
Informed Consent (in writing)

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4
Q

Fee Reasonableness

A

DiRECT

Difficulty (and novelty of) Issues
Relationship (nature of)
Experience
Contingency
Time limitations
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5
Q

3rd Party Compensation

A

Capable Rabbits Capture Carrots In Western China

can’t Control Representation (retain independent judgment)
Confidential communications preserved
Informed written consent

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6
Q

Fee Splitting

A

A Well-Priced Racecar

client agrees in Writing
Proportional to work done by each lawyer
Reasonable fee

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7
Q

Confidentiality Exceptions

A

(CA)D FUSE ICC

“Prevent Crime likely to result in Death/Serious Bodily harm CA
substantial Financial harm using lawyer’s services
Suit by Client
Ethics Advice
Informed Consent
Compelled by Court”

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8
Q

Permissive Withdrawal

A

An (Amazing) Puffin Ubers Over a Diverse (Rain Forest)

“without material Adverse effect on client’s interests
(CA) client knowingly and freely assents
Persists in criminal or fraudulent action involving lawyer’s services
Used services to perpetrate crime or fraud
client fails to fulfill Obligation
unreasonably Difficult
Repugnant course of action
Unreasonable financial burden”

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9
Q

Duty of Candor

A

Kill Fat Mother Fucking Feral Elk For Deer Cheerfulness

“Knowingly
False statement of Material Fact
offer False Evidence
Fail to Offer Disclosing controlling law”

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10
Q

Supervisor

A

Orcas Really Fancy Rosé

“Orders misconduct
Ratifies misconduct
Fails to Remedy”

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11
Q

Duty of Communication

A

Informed Dolphins Spend Days Reading Research

“Informed Decisions
Substantial Developments
Reasonable Requests for Information”

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12
Q

Counsel as Witness

A

Ultra Light Single Serve Hamburger

“Uncontested matter
value of Legal Services
Substantial hardship on client (informed written consent CA)”

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13
Q

Prosecutorial Duties

A

PCP Completely Ruins & Destroys Everything

"Probable cause to prosecute
Right to counsel
Refrain from extrajudicial comments
Disclose mitigating evidence
New evidence"
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14
Q

Substantially Related

A

Same Dispute or Substantial Risk that Confidential Factual Info that would normally be obtained in prior rep would materially advance client’s position in subsequent matter

San Diego’s Starting Right Center Fielder

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15
Q

Duty of Fairness to Opposing Party

A
Taco Diet I Eat
(Not to Tamper)
(Disclose Incriminating/Exculpatory evidence)
(Inadvertent Disclosures)
(Expedite Litigation)
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16
Q

CA (Fee Agreement)

A

> $1,000 in writing unless

1) Corp
2) client waives in writing
3) same as previous services
4) emergency
5) impractical for other reasons

ABA &CA: contingency must be in writing