3. Protecting client's interests (6-12%)

Question 1

What are three things a lawyer can do if they feel incompetent to represent a client’s interest?

Answer 1

1. ASSOCIATE with someone who is competent
2. LEARN the area of law within a reasonable time
3. EMERGENCY: In an emergency, a lawyer who is not competent can act

Question 2

In a legal malpractice suit, what does violation of a model rule give rise to?

Answer 2

Some relevant evidence of legal malpractice

Question 3

Unlike disciplinary violations, what two things are required to win a legal malpractice claim?

Answer 3

1. Monetary loss
2. Causation

i.e. “but for the lawyer’s malpractice, the client would have won”

Question 4

What must a lawyer do before settling a claim/potential claim for malpractice with a client or former client?

Answer 4

Advise the client in writing to seek independent legal counsel and give the client a reasonable opportunity to do so

Question 5

What is the only instance in which a lawyer can commingle client and personal funds?

Answer 5

Where the lawyer deposits his own money in a trust account for the SOLE PURPOSE of paying bank charges

Question 6

What is the purpose of a pooled trust / IOLTA account?

Answer 6

Allows small sums to be held for a short period of time

Question 7

What must a lawyer do with money if there is a dispute between the lawyer and client as to that money?

Answer 7

The lawyer must place the disputed amount in a trust account until the dispute is resolved