ABA PR Flashcards

(50 cards)

1
Q

Duty of Competence

A

Knowledge, skill, thoroughness, and preparation

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2
Q

Fee Agreements

A

Reasonable and Not Unconscionable; no writing if under $1,000, a corp, or emergency

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3
Q

Fee Splitting

A

in proportion to the work done or joint responsibility

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4
Q

Accepting Payment from 3rd party

A

no interference with lawyer’s professional judgment and must protect the client’s confidences

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5
Q

Contingent Fee Agreement

A

whether expenses are taken out before or after the lawyer takes his percentage.

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6
Q

Duty of Diligence

A

Must act with reasonable promptness for the client’s benefit while treating others with courtesy and respect

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7
Q

Duty of Zeal

A

May take whatever lawful and ethical measures are required, but should not press for every little advantage

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8
Q

Duty to Communicate

A

reasonably informed about significant developments

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9
Q

Scope of Representation

A

client makes the substantive decisions wile the lawyer makes procedural ones

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10
Q

Counseling a Client to Violate the Law

A

may not instruct a client on how to break the law but may suggest a way to test the validity of a law

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11
Q

Duty of Confidentiality

A

may reveal if death or substantial financial loss

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12
Q

Inadvertent Disclosure of Documents

A

must make reasonable efforts to prevent the inadvertent disclosure of confidential information

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13
Q

When a Corp is a Client

A

Best interest of the organization report to highest authority who can act

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14
Q

Duty of Loyalty

A

Significant risk that the representation will be materially limited subject to the reasonable lawyer standard

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15
Q

Duties to Former Clients

A

Current representation is materially adverse

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16
Q

Using Information to the Disadvantage of a Client

A

cannot use confidential information to the disadvantage of a client and for the lawyer’s benefit

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17
Q

Business Transaction with a Client

A

must be fair and reasonable and must advise the client to seek independent legal counsel

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18
Q

Financial Assistance to a Clinet

A

Costs of litigation fine but no living expenses

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19
Q

Acquiring a Proprietary Interest in Litigation

A

Cannot acquire an ownership interest in the subject matter of the litigation but may get an authorized lien

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20
Q

Sex with Client

A

ABA cannot have sex with client unless relationship predates lawyer-client relationship. CA is the same but adds exception when lawyer and client get married.

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21
Q

Former Government Lawyers

A

Screened off cases where substantially participated while working for the Gov

22
Q

Withdrawal

A

Mandatory when a client demands that the lawyer violate an ethical rule or engage in illegal conduct

23
Q

Meritorious Claims

A

No frivolous claims, but may make a good faith argument for modification of existing law

24
Q

Threats to Obtain an Advantage in a Civil Case

A

Cannot threaten criminal or disciplinary charges to gain an advantage in a civil case

25
Obstructive Tactics During Discovery
No frivolous discovery requests; must diligently comply with a legally proper request
26
Expediting Litigation
cannot routinely seek delay for the sole purpose of frustrating a party's case
27
Trial Publicity
high likelihood of materially prejudicing the trial
28
Probable Cause Reuquired
criminal charges must be supported by probable cause
29
Exculpatory evidence
must disclose anything that is favorable to the defense
30
Paying an Expert's Fees
may pay an expert's fees so long as it is not contingent on the outcome of the case
31
Contact with a Witness
May not influence a witness' s testimony or pay a witness a contingent fee for testifying
32
Asking a Person to Refrain from Giving Information
Cannot request that a person refrain from giving info to the other party unless a relative or employee of a client
33
Lawyer as Witness
Cannot be a lawyer and witness in the same trial
34
Correcting False Statements
must correct a false statement previously made
35
Client is Engaging in Wrongful Conduct
When a client engages in unlawful conduct, the lawyer must consult with the client and take remedial measures including disclosure if necessary
36
Offering False Evidence
Cannot knowingly offer false evidence; must advise the client of ethical rules, seek withdraw, or disclose
37
Destroying Evidence
cannot ask another person to destroy evidence
38
Ex Parte Communications
May not communicate alone with a judge or juror
39
Communication with a Person Represented by Counsel
need consent of opposing counsel no matter what
40
Being Truthful to Others
no misleading statements or omissions
41
Documents Sent Inadvertently
notify sender; may not use to your advantage
42
Supervising Employees
Conduct must be in line with the ethical rules
43
Partnering with a Non-Lawyer
Not when it consists of the practice of law
44
Unauthorized Practice of Law
Requires professional judgment
45
Solicitation
Cannot initiate in person contact for financial gain
46
Advertising
Commercial speech that cannot be false or misleading
47
Certified Specialist
Must be approved by an accredited organization
48
Recommending a Lawyer's Services
Cannot pay someone for recommending the lawyer; but may refer a client to a certain doctor and the doctor may refer his clients to the lawyer as long as the referral agreement is not exclusive
49
Reporting Misconduct
Must report serious ethical violations
50
Maintaining the Integrity of the Profession
a lawyer should not engage in conduct involving dishonest, fraud deceit, or misrepresentation