Other Areas

Question 1

Direct Contact With Prospective Clients

Answer 1

Contact = in person, telephonic, sms

Attorney may not solicit professional employment from prospective client when significant motive is pecuniary gain.

Exception: other attorneys, relatives, close friends, current client and former client

Question 2

Direct Contact With Prospective Client Exception Does Not Apply If

Answer 2

Attorney knows/should know prospective client’s physical/mental/emotional state is such that person could not exercise reasonable judgment in employing attorney.
OR
Prospective client has made known to Attorney the desire not to be contacted
OR
Solicitation involves coercion, duress, or harassment.

Question 3

Special Rule Fore Direct Mail

Answer 3

Written, recorded, electronic communication from Attorney to prospective client SHALL INCLUDE advertisement on envelope and at BEGINNING AND END of document in CONSPICUOUS MANNER

Unless exception applies.

Question 4

Runners

Answer 4

Attorney is prohibited from using runners.

Exception. Attorney can pay referral fee to referring attorney as long as client gives CONSENT to fee and FEE is REASONABLE.

Question 5

Fees

Answer 5

Must not be clearly excessive. Fee is excessive when attorney of ordinary prudence is left with distinct and firm conviction that fee is excessive.

Factors: time spent, difficulty of work. reputation of attorney, customary fee.

Question 6

Contingent Fees

Answer 6

Must be in writing in plain and simple language MUST GIVE client 24 hours to revoke.

CANNOT USE IN: domestic relations and criminal cases

Question 7

No Contact Rule: Communication with Represented Parties

Answer 7

Attorney may not communicate or cause another to communicate on subject of representation with party attorney knows to be represented UNLESS party’s counsel has authorized contact.

Elements: actual knowledge; subject of representation

Question 8

No Contact Rule: Communication with Unrepresented Parties

Answer 8

Attorney may contact, BUT NOT GIVE LEGAL ADVICE, except to to seek legal counsel.

Question 9

Threatening Criminal Prosecution

Answer 9

Improper Unless, reasonably believes char to be true AND threat is to compel/induce party toake reasonable action to make good on wrong.

Threat of criminal prosecution must be related to the current charge.

Question 10

Trial Witnesses

Answer 10

Lawyers have two duties

No compensation to testify (may compensate for services) AND No advising wittiness to hide or flee from state.

Question 11

Trial Publicity

Answer 11

Attorney SHALL NOT make extrajudicial statements that a reasonable person would expect to be disseminated by means of public communication if ATTORNEY knows/should know statement will have substantial likelhood of materially prejudicing jury.

Question 12

Unauthorized Practice

Answer 12

Practicing in jurisdiction which attorney is not licenses OR assiting person who is non-member with unauthorized practice; No partnerships with non-attorneys if any part of partnership activities consist of practice of law.

Question 13

Subordinate Lawyers

Answer 13

Will not violate RPC if he act in accordance with supervisory lawyer’s REASONABLE resolution of an arguable question of professional duty.

Question 14

Supervisory Lawyers

Answer 14

Responsible for another lawyer’s violation of RPC if supervisory order/ratifies action OR if partner is in direct supervisory role AND knew of conduct and failed to take remedial measures