4 MC Flashcards
(14 cards)
Which is not an acceptable way to obtain pro bono clients?
A. Through court appointment
B. Through participation in legal services organizations or legal reform activities
C. Through involvement in limited legal services
D. None of the above (correct)
Which of the following would most likely result in a finding of professional misconduct?
An attorney without any experience in medical malpractice law takes on a medical malpractice case. Although he completely mismanages the case, he gets a default judgment.
Which of the following is least likely to result in a finding of professional misconduct?
A. An attorney in a criminal matter pursues a legal strategy with which the client disagrees. The client is convicted.
RULE 6.1: Voluntary Pro Bono Public Service (ethical obligation not grounds for discipline)
Every Lawyer has a professional responsibility to provide legal services to those unable to pay
*Lawyers should aspire to render at least 50 hours of pro bono public legal services per year
* In fulfilling this responsibility, L should provide:
* (a) Substantial majority of the (50) hours without fee or
expectation of fee to:
* (1) Persons of limited means; OR
* (2) Charitable, religious, civic, community, governmental &
educational organizations in matters designed primarily to
address the needs of persons of limited means;
* (b) Any additional services through:
* (1) Delivery of legal services at no fee or substantially reduced
fee to individuals, groups or organizations seeking to secure or
protect civil rights, civil liberties or public rights, or charitable,
religious, civic, community, governmental & educational
organizations in matters in furtherance of their organizational
purposes, where the payment of standard legal fees would
significantly deplete the organization’s economic resources or
would be otherwise inappropriate;
* (2) Delivery of legal services at a substantially reduced fee to
persons of limited means; OR
* (3) Participation in activities for improving the law, legal system
or legal profession
In addition, L should voluntarily contribute financial support
to organizations that provide legal services to persons of
*** Services rendered cannot be considered pro bono if an anticipated fee is uncollected
RULE 6.2: Accepting Appointments
*Lawyer shall not seek to avoid appointment to represent person except for good cause.
*Good Cause Exception:
*(a) Representation likely to result in violation of the Rules or other law;
*(b) Representation likely to result in unreasonable financial burden on L;
* OR
*(c) C or the cause is so repugnant to L as to be likely to impair client-lawyer relationship or L’s ability to represent C
*An appointed lawyer has the same obligations to the client as retained counsel, including obligations of loyalty and confidentiality and subject to the same limitations on the client-lawyer relationship (R.6.2 – Cmt. 3)
*A lawyer may seek to decline an appointment for good cause (Cmt. 2)
*Good Cause exists:
* If a lawyer could not handle the matter competently (see Rule 1.1);
* See Mallard v. U.S. (federal courts cannot make
coercive appts. of counsel)
Or
* If undertaking representation would result in
an improper conflict of interest;
Or
* When the client or cause is so repugnant to the
lawyer as to be likely to impair the client-
lawyer relationship; or
* If it would result in an unreasonable burden
RULE 6.3: Membership in Legal Services Organizations
Lawyer may serve as a director, officer or member of legal services organization, apart
from the law firm in which L practices, notwithstanding that the organization serves persons having interests adverse to Client of the Lawyer.
*Lawyer shall not knowingly participate in a
decision or action of the organization:
* (a) If participating in the decision or action
would be incompatible with the Lawyer’s
obligations to a Client under Rule 1.7
(concurrent COI);
OR
* (b) Where the decision or action could have
material adverse effect on representation
of a client of the organization whose
interests are adverse to a Client of the
Lawyer
RULE 6.4: Law Reform Activities Affecting Client Interests
*Lawyer may serve as director, officer or member of an organization involved in law reform or its administration
* Notwithstanding that the reform
[advocated] may affect the
interests of a client of the Lawyer
*But, when the Lawyer knows
that interests of a client may
be materially benefitted by a
decision in which the Lawyer
participates, the Lawyer shall
disclose that fact but need not
identify the client
RULE 6.5: Non-Profit and Court-Annexed Limited Legal Services Programs (no expectation relationship will continue after)
(a) Lawyer who, under the auspices of a
program sponsored by a nonprofit organization
or court, provides short-term limited legal
services to Client without expectation by either
Lawyer or Client that the Lawyer will provide
continuing representation in the matter:
(1) is subject to Rules 1.7 (concurrent COI)
and 1.9(a) (successive COI) only if Lawyer
knows that representation of client involves a
conflict of interest;
AND
(2) is subject to Rule 1.10 (imputed COI)
only if Lawyer knows that another Lawyer
associated with Lawyer in a law firm is
disqualified by Rule 1.7 (concurrent COI) or
1.9(a) (successive COI) with respect to the
matter.
*(b) Except as provided in paragraph (a)(2), Rule
1.10 (imputed COI) is inapplicable to a
representation governed by this Rule
Must get informed consent to limited scope of the representation, offer whatever advice you can and then recommend they go to another lawyer
RULE 1.1: Competence
Does not need to know law before undertaking representation
Competent representation=
Legal knowledge and skill
Thoroughness and preparation
Reasonably necessary
Keep up to date with changes in law and practice
In an emergency, can give advice in matter requiring more study/ research usually
A newly admitted lawyer is as competent as a practitioner with long experience
RULE 1.3: Diligence
Diligence is time aspect of competence
Promptness
Must act with commitment and dedication to the interest of the client and with zeal in advocacy
Busy is not an excuse with incompetence
RULE 1.4: Communication
Shall promptly inform of any decision or circumstance to which the client’s informed consent is required (offer of settlement/plea bargain)
Consult client about means by which client’s objectives are to be accomplished
Explain matter to extent client can make informed decisions
RULE 1.18: Duties to Prospective Client
If a lawyer learns information from a
prospective client that could be significantly
harmful, the lawyer shall not represent a
client with interests materially adverse to
the prospective client in the same or a
substantially related matter = info that is significantly harmful and you get contacted by someone else who wants to represent them you have to refuse if same or close related matter (can’t be on the other side) if they came to you before and didn’t hire you, that info shared should not be held against them)
* If lawyer is disqualified from representing client,
no lawyers in the same firm may knowingly
undertake or continue representation in
such a matter
EXCEPT: (ALMOST ALWAYS CAN WAIVE THROUGH EXPRESS WRITING AND CONSENT)
Consultation= specifically requests or invites submission of information
No consultation occurs when= if a person responds to ad that merely describes lawyers education and practice
Some but not all protections afforded to clients
Lawyers should limit initial conversation to only info necessary in conidering whether or not to undertake the matter
Persons not entitled to protection: communicates information unilaterally
RULE 1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer
Client has ultimate authority to determine the purposes to be served
Decisions made by client
Settlement offer
Plea
Waive jury
Testify
Client can authorize lawyer to take specific action on his behalf without further consultation
