Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Ethics > Layman's rules > Flashcards

Layman's rules Flashcards

1
Q

1.1 Competence

A

Lawyer must be competent (skilled and prepared)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

1.2 Scope of Representation and Allocation of Authority

A

Lawyer must pursue client’s decisions

Lawyer does not necessarily endorse client

Lawyer can limit the scope of representation with consent

Lawyer can’t tell a client to do crime or fraud

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

1.3 Diligence

A

Lawyer must act promptly and be committed

Lawyer must carry matters through until representation is terminated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

1.4 Communication

A

Lawyer must inform client about what’s going on

Lawyer must respond to requests for information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

1.5 Fees

A

Lawyer can’t charge unreasonable fees or expenses

Lawyer must communicate fees and changes to client

Contingent fees must later be itemized and can’t be charged in a domestic relations matter or for a criminal defendant

Advance payments must be refundable to the extent they were not earned

Fees can only be split between different firms in certain circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

1.6 Confidentiality of Information (current clients)

A

Lawyer can’t reveal information related to representation without consent,

or to prevent serious harm, prevent fraud or a crime, comply with law, etc.

Lawyer must take reasonable efforts to prevent disclosure or access to information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

1.7 Conflicts of Interest (current clients, general rule)

A

Lawyer can’t represent a client adverse to another client or whose representation will be harmed by a client or personal interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

1.8 Conflicts of Interest (current clients, specific rules)

A

A lawyer can’t usually:

do business with a client

acquire ownership interest adverse to a client

use information from a case to disadvantage a client

solicit or prepare a gift to themselves from the client

get an agreement for media rights on the case

provide financial assistance to a client

take payment for a case from someone other than the client

make an aggregate settlement

prospectively limit their own malpractice liability or settle a malpractice issue

acquire property interest in a matter in a case

have sex with a client

Conflicts are imputed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

1.9 Duties to Former Clients

A

Lawyer can’t represent someone adverse to a former client (or their old firm’s clients)

Lawyer can’t use info they got from a former client’s case to disadvantage that client

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

1.10 Imputations of Conflicts of Interest (general rule)

A

Lawyers can’t represent a client when an associated lawyer couldn’t

A firm can represent someone adverse to a former client of a lawyer who isn’t at the firm anymore

Disqualification can be waived and is not the same for government lawyers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

1.11 Conflicts of Interest for Former and Current Government Officers and Employees

A

A lawyer who used to be a public employee is subject to 1.9 duties to former clients and can’t participate in a matter they had a substantial role in as a public employee

A lawyer who knows confidential info they got as a government employee which might materially disadvantage a client, can’t represent that client.

Lawyers who are public employees (except law clerks) can’t negotiate for employment with someone involved in a matter

Conflicts are imputed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

1.12 Former judge, arbitrator, mediator, or other third-party neutrals

A

A lawyer can’t participate in a matter they had a substantial role in as a neutral

Lawyers who used to be neutrals (except law clerks) can’t negotiate for employment with someone involved in a matter

Conflicts are imputed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

1.13 Organization as Client

A

Lawyer must act in best interest of an organization, and can reveal confidential information as necessary to protect the best interest

Lawyer can’t represent a constituent of an org whose interests are adverse to the org, but can represent other constituents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

1.14 Client with Diminished Capacity

A

Lawyer must let client make decisions even when they have diminished capacity, unless they’re at risk of substantial harm and can’t act on their own behalf in which case a lawyer can take limited protective action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

1.15 Safekeeping Property

A

Lawyer must keep others’ property separate from their own, and keep records of it.

Advance fees must go in a trust.

Lawyer must keep safe and return property when appropriate

Lawyer must keep property separate and safe if it is in dispute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

1.16 Declining or Terminating Representation

A

Lawyer cannot represent a client if it would violate ethics or law, or if they can’t represent the client competently and diligently, or if they’re fired

A lawyer can withdraw from representation for good cause, but must still protect client’s interest (give them a chance to find other counsel, return documents, etc.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

1.17 Sale of Law Practice

A

A lawyer or firm can buy a law practice if the seller doesn’t practice law anymore. Clients must be informed and fees can’t be increased.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

1.18 Duties to Prospective Clients

A

Lawyer must treat prospective clients as former clients with regard to info from them and can’t represent future clients adverse to them, or if info from the prospective client could be very harmful to a different client.

Conflicts are imputed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

2.1 Advisor

A

Lawyer must exercise independent professional judgment and give honest advice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

2.3 Evaluation of a Matter for Use by Third Persons

A

Lawyer can tell someone an evaluation of a case as long as it doesn’t hurt client’s interests. The evaluation is protected under 1.6 confidentiality.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

2.4 Lawyer Serving as Third-Party Neutral

A

Lawyer must explain that they’re not representing the parties when lawyer is serving as a neutral.

22
Q

3.1 Meritorious Claims and Contentions

A

Lawyer can’t bring frivolous claims.

23
Q

3.2 Expediting Litigation

A

Lawyer must not delay litigation.

24
Q

3.3 Candor Toward the Tribunal

A

Lawyer can’t lie to a court or fail to disclose bad law

Lawyer has to tell the court if someone did/intends to do a crime or fraud in the proceeding

In ex parte proceedings a lawyer must tell the court of all material facts even bad ones

25
Q

3.4 Fairness to Opposing Party and Counsel

A

Lawyer can’t obstruct, destroy, or falsify evidence, or ask someone not to give relevant information to a party

Lawyer can’t make frivolous discovery requests/refusals

Lawyer can’t give personal knowledge or opinions in court, or talk about irrelevant matters

Can’t pay witnesses for testifying

26
Q

3.5 Impartiality and Decorum of the Tribunal

A

Lawyer can’t bribe judges, or communicate with them ex parte.

Lawyer can’t intentionally disrupt the court.

27
Q

3.6 Trial Publicity

A

Lawyer (or their firm/agency) can’t make a public statement that will prejudice a proceeding, except for some basic facts about the case.

28
Q

3.7 Lawyer as Witness

A

Lawyer can’t be an advocate where they’ll probably be a necessary witness unless that would be a big hardship on the client

This is not imputed

29
Q

3.8 Special Responsibilities of a Prosecutor

A

Generally the prosecutor is supposed to not be a piece of shit

Must disclose evidence that would mitigate or disprove guilt

Can’t subpoena a lawyer for protected info

30
Q

4.1 Truthfulness in Statements to Others

A

Lawyer can’t lie or lie by omission

31
Q

4.2 Communication with Person Represented by Counsel

A

Lawyer can’t communicate about a case with someone they know is represented by another lawyer in that case

32
Q

4.3 Dealing with an Unrepresented Person

A

When a lawyer talks on behalf of a client with someone who doesn’t have a lawyer, they can’t say or imply they’re not biased.

Also can’t give legal advice if it might conflict with client interests

33
Q

4.4 Respect for Rights of Third Persons

A

A lawyer can’t do stuff just to fuck with a third person

A lawyer who receives something relating to their client that was probably sent by mistake must let the sender know

34
Q

5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers

A

Partners and managers must make sure that their firm lawyers comply with ethics, and can be vicariously responsible for others’ violations

Supervising lawyers must make sure the lawyers they’re supervising comply with ethics, and can be vicariously responsible if the lawyer they supervise does misconduct

35
Q

5.2 Responsibilities of a Subordinate Lawyer

A

It’s not an excuse if a lawyer violates ethics because someone told them to, unless it was their supervising lawyer who made a reasonable call that it was ok

36
Q

5.3 Responsibilities Regarding Nonlawyer Assistance

A

Lawyers with managerial authority need to make sure nonlawyers working with them comply with lawyer ethics, and can be responsible for violations

Lawyers supervising non lawyers need to do the same, and can be held responsible for violations

37
Q

5.4 Professional Independence of a Lawyer

A

Nonlawyers can’t be partners in or own/control law firms

Lawyer can’t let their judgment be swayed by third parties paying for others’ services

38
Q

5.5 Unauthorized or Multijurisdictional Practice of Law

A

Lawyers can’t practice where they’re not allowed to, except they can provide temporary services in other jurisdictions when it’s appropriate to their case or practice

39
Q

5.6 Restrictions on the Right to Practice

A

Lawyers can’t restrict a lawyer’s right to practice, except for retirement benefits agreements

40
Q

6.1 Voluntary Pro Bono Public Service

A

Lawyer should do 50 pro bono hours per year

41
Q

6.2 Accepting Appointments

A

Lawyer can only refuse an appointment to a client for good cause

42
Q

7.1 Communication Concerning a Lawyer’s Services

A

A lawyer can’t lie about their services.

43
Q

7.2 Advertising (non-targeted)

A

Lawyer can advertise as long as it’s not targeted, and has to keep records of ads

Lawyers has to write financing lawyer’s info on ads

These rules don’t apply to pro bono services or legal services

44
Q

7.3 Direct Contact with Prospective Clients (targeted ads)

A

These rules do not apply to pro bono or legal services!

A lawyer can’t solicit new clients in person or over the phone / virtually

For written solicitations, must meet many requirements with disclosures and basically not be false or misleading. For accidents or disasters, must wait 30 days to contact.

45
Q

7.4 Communication of Fields of Practice and Specialization

A

Lawyer can’t lie.

Must say specializations aren’t approved by the bar, except patent or admiralty

46
Q

7.5 Firm Names and Letterheads

A

Lawyer can’t lie.

Must identify any jurisdictional limitations and can’t list lawyers holding public office if they’re not practicing with the firm currently

47
Q

7.6 Political Contributions to Obtain Government Legal Engagements or Appointments by Judges

A

These aren’t allowed.

48
Q

8.1 Bar Admission and Disciplinary Matters

A

Lawyer (or applicant to bar) can’t lie.

Subject to 5A

49
Q

8.2 Judicial and Legal Officials

A

Lawyer can’t lie about qualifications or integrity of an officer/candidate.

Lawyer who is also a candidate must comply with judicial ethics.

50
Q

8.3 Reporting Professional Misconduct

A

Lawyer must snitch if another lawyer or judge has done a violation that is a serious offense. Subject to 1.6 confidentiality.

51
Q

8.4 Misconduct

A

Lawyer can’t violate the rules, or do a crime of moral turpitude, or do fraud/deceit, or prejudice the administration of justice, or do harassment or discrimination.

Lawyer can’t pretend they can violate the rules to get certain results.

Lawyer can’t help others violate rules/the law.

52
Q

8.5 Disciplinary Authority and Choice of Law

A

Lawyer subject to discipline anywhere they practice or violate the rules, and can be disciplined for the same thing in multiple jurisdictions.

Lawyer will not be disciplined if they conformed to the rules where they reasonably thought the effect of their conduct would mostly occur

Ethics (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions