Exam Prep Flashcards
1
Q
Who regulates attorneys?
A
1) States regulate all aspects of the practice of law.
2) Attorneys have an ethical obligation to aid in regulating lawyers.
2
Q
In what aspects do states regulate the practice of law?
A
1) Admissions - how to be admitted
2) Disciplinary system
3
Q
Articulate the concept of the rule of lawyers regulating lawyers.
A
There is a duty to report serious ethical misconduct of other attorneys/judges. “substantial questions of honesty, trustworthiness, and fitness.”
4
Q
Who can restrict practicing law within a certain jurisdiction?
A
A state may restrict the practice of law to those who are members of the bar of the state.
5
Q
What is the exception to a state’s right to restrict a lawyer’s right to practice?
A
An attorney can appear in a jurisdiction via Pro Hac Vice.
6
Q
What is Pro Hac Vice?
A
Allows an attorney to appear in a jurisdiction if not admitted with the discretionary permission of the court. The client/attorney has no right to assert in the court.
7
Q
What are the permissible standards for admission to a state’s bar?
A
It must have a reasonable relation for fitness to practice law.
1) Educational/Test qualifications are allowed.
2) May limit to those of good moral character.
8
Q
What are not permissible standards for admissions to a state’s bar?
A
1) Citizenship qualifications are not allowed (can’t deny non-U.S. citizens or citizens of other states)
2) On account of political beliefs
9
Q
What are the exceptions to the political beliefs admission rule?
A
A state can deny a lawyer that:
1) refuses to make an allegiance to the Constitution.
2) is actively affiliating with an organization, knowing of the illegal activities, and intends to further those illegal activities.
3) gives false answers, conceals information, or refuses to answer legitimate questions.
10
Q
Who has the duty to prevent the unauthorized practice of law?
A
The state bar
11
Q
What is the unauthorized practice of law?
A
General rule of thumb: What a non-lawyer does what a lawyer gets paid to do.
A) Only an attorney can appear in court.
B) Only an attorney can draft legal documents.
C) Only an attorney can give legal advice.
12
Q
What are the responsibilities of an attorney in preventing the unauthorized practice of law?
A
A) Can’t split legal fees with non-attorneys.
B) Can’t enter into partnership with non-attorneys if any part of the partnership deals with law.
13
Q
What exceptions are there to only attorneys appearing in court?
A
1) Pro se representation: an individual can represent themselves in court.
2) Students can appear in court under state student practice laws.
14
Q
What exception is there for pro se representation?
A
A corporation cannot represent itself pro se.
15
Q
What exceptions are there to only attorneys being able to draft legal documents?
A
1) A non-attorney can draft their own documents.
2) A non-attorney can fill in the blanks on a template created by an attorney.
16
Q
What exceptions are there to the rule against splitting fees with non-attorneys?
A
An attorney is permitted to:
1) pay to the estates of attorneys.
2) pay into the employee’s pension plans.
3) share court awarded attorney fees with a non-profit that employed or recommended the attorney.
17
Q
Can attorneys share court awarded attorney fees with non-profits?
A
Yes, if the non-profit recommended the attorney.
18
Q
When can a lawyer enter into a partnership with a non-lawyer?
A
If no part of the partnership deals with the law.
19
Q
When is there an exception for an attorney to help a non-attorney/non-client with legal advice?
A
If it’s the non-attorney’s own case.
20
Q
Can an attorney practice in a jurisdiction where he/she is not admitted?
A
No. Unless the issue arises from the jurisdiction where the attorney is admitted or the attorney has pro hac vice.
21
Q
When can an attorney’s conduct bring rise to discipline?
A
a) a violation of the disciplinary rules in the state.
b) a criminal act reflecting adversely on the attorney’s honest and trustworthiness.
c) conduct involving dishonesty, fraud, or deceit.
d) conduct prejudicial to the administration of justice (i.e., improperly influence of a tribunal.)
e) assisting a judge in a violation of the judicial code.
22
Q
What other duties are there to ensure compliance with a state bar’s rules?
A
1) Duty to make reasonable efforts to supervise subordinates (lawyers and non-lawyers) and make sure subordinate lawyers and non-lawyers comply with codes of professional responsibility.
2) Duty to make independent judgements (when given instructions from a superior).
23
Q
When is it okay to follow a supervisor’s instructions regarding the code of professional ethics?
A
When it is a debatable ethics question so long as the conduct is reasonable.
24
Q
When is an attorney responsible for ethical violations of another attorney or non-attorney subordinate?
A
1) if the attorney orders or ratifies the conduct, and
2) the attorney is in a supervisory position and knows of unethical conduct and does not act.
25
What is the attorney's duty to accept representation?
Trick question, there is no duty to accept representation!
26
What if the representation will result in violation of the law or the disciplinary rule?
The fact that the client asks doesn't require rejection; you can explain that it's not allowed and still take them on as a client.
27
Is there a duty to reject representation?
Yes, if the 1) potential clients insists on representation that will result in a violation of the law or disciplinary rule, or 2) demands representation which will require filing a frivolous claim or defense, or 3) the attorney is not competent to handle the matter.
28
Is it frivolous to make a claim or defense when there is a law on the books?
No - can fight the law in court.
29
What are the exceptions to rejecting representation for incompetence?
1) If there is an emergency and there is no other way to protect the client.
2) if the attorney reasonably believes that s/he can become competent through adequate study.
3) if the attorney has co-counsel to handle that part of the matter.
30
When a matter is in litigation, does withdrawal require court permission?
Yes, at all times.
31
What are the circumstances where an attorney must withdraw?
1) when rep would require a violation of law or disciplinary rule.
2) the client's purpose is obviously to harass or delay.
3) when the attorney's mental/physical health makes it difficult to continue the case.
4) when the client fires the attorney.
32
What are the circumstances where an attorney may withdraw?
1) Client pursues a course of action that the attorney believes to be criminal or fraud.
2) When the client uses attorney services to pursue criminal act or fraud.
3) If the client insists on pursuing a course of action that the attorney finds repugnant.
4) If the client doesn't pay their bill and the attorney has given a warning.
5) If the attorney's representation with result in a financial burden or is rendered difficult by the client.
6) With client's approval.
33
What are the requirements when an attorney withdraws?
1) Must give timely notice and allow the client to get another attorney.
2) Must give funds back to client that are not used or expended.
3) Must return all client's papers that client needs to pursue the matter.
34
What are the 4 duties to the client to prevent conflicts?
Duty to:
1) avoid conflicts of interest among current clients,
2) between the interest of the client and the attorney,
3) organization and individual,
4) and past clients.
35
What are the general conflicts rules?
1) An atty may not rep a client if the rep of the client may be materially limited by the atty's responsibilities to another client, or to a 3rd person, or by the atty's own interests.
2) If one atty in an office is disqualified, all attys in the office are also disqualified.
36
What is the exception to the conflicts rule?
1) If the atty reasonably believes that the representation will not be adversely affected; and
2) the client consents.
37
What are the exceptions to the conflicts disqualification rule?
1) Disqualification b/c of the atty's own person interests and rep would not interfere w/rep by other attys in the firm; or
2) Screening is performed.
38
What is "screening"?
When 1) a disqualified atty is screened and apportioned no part of the fee; and 2) the former client is notified; and 3) certification of compliance is provided.
39
What is the conflicts rule amongst current clients?
A) Atty may not sue a current client, even in an unrelated matter.
B) Atty may rep multiple ptys in a suit so long as the atty can rep all effectively and reasonably believes it so and all clients consent to the rep.
C) Atty rep'ing multiple ptys shall not participate in aggregate settlement or guilty pleas unless clients give consent in writing of being informed of all agreements.
D) Atty may act as a neutral 3rd pty (i.e., neg a settlement) and remain neutral.
40
What are the rules to balance an atty's interest and a client's interests?
A) Atty cannot solicit a substantial gift from the client or prepare an instrument to give an atty or person related to an atty a substantial gift unless a client is a family member.
B) An atty shall not give financial assistance to client in connection with contemplated or pending litigation. Atty may pay ct. costs or litigation expenses for an indignant client or if getting paid on an emergency basis.
C) Biz deals between attys and clients are always suspect.
D) the atty cannot (prior to completion of rep) obtain the client's literary or media rights.
E) Atty will not acquire a proprietary interest in the client's cause of action.
F) Atty shall not act as an advocate at a trial where the atty is likely to be called as a witness.
G) No sex with client unless a consensual relationship existed when rep. existed.
41
What are the exceptions to attys being unable to acquire a proprietary interest in the client's cause of action?
1) A lien to secure the atty's fees or expenses.
| 2) A contract for a reasonable contingency fee.
42
What exceptions are there to an atty appearing in ct. as a witness when advocating for a client in the same case?
1) if testimony relates entirely to an uncontested issue; or
2) if the nature and value of legal of legal services provided; or
3) if the disqualification of the atty would be a substantial hardship to the client.
43
What are the rules with representing an organization?
1) Atty does not rep the directors or officers, employees, shareholders, etc. and must let that be known.
2) If rep is paid for by someone other than the client, the client must consent and the rep can't be interfered with.
3) Atty may rep an entity and an individual if both consent (someone other than the individual in the entity).
4) If an atty for the entity believes the entity is violating the law, the atty shall act reasonably as necessary to protect the entity.
44
What steps must an atty take when s/he believes the entity they are rep'ing is violating law?
1) Ask for reconsideration on the matter.
2) Refer the matter to higher authority in the org.
3) If the highest authority fails to take timely, appropriate action, atty may report info to authorities outside the org as reasonably necessary to prevent harm to the entity.
45
What are the rules re: conflicts with past clients?
A) An atty who has formerly rep'ed a client in a matter shall not thereafter rep another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.
B) An atty shall not knowingly rep a person in the same or a substantially related matter in which a firm with which the atty was formerly associated had previously rep'ed the client....(rest is same as (A)).
C) An atty who has formerly rep'ed a client in a matter or whose present or former firm...shall not thereafter use info to the disadvantage of the former client or reveal info relating to the rep except as allowed by the rules.
46
Does an atty have a duty of competence to their client?
Yes.
47
Can an atty contractually limit malpractice liability?
No - an atty can be subject to discipline for attempting to contractually limit malpractice liability UNLESS client is rep'ed by another atty in the matter.
48
When can an atty settle a malpractice claim with their client?
Only after advising in writing that the client consult another attorney.
49
Is there a duty to follow the client's instructions?
Yes.
50
What is the general rule re: following client's instructions?
The client controls the ENDS (objectives), atty controls the MEANS.
51
What does the client control?
```
Whether to:
A) sue in civil cases.
B) accept a settlement in civil cases or whether to plead guilty in criminal cases
C) waive a jury trial in criminal cases
D) testify in criminal cases
E) to appeal
```
52
Does the atty have a duty to keep the client informed?
Yes.
53
When can an attorney have say on the client's objectives?
An atty may limit the objectives of rep if it is reasonable under the circumstances and the client gives informed consent.
54
What is the rule for an atty rep'ing a client with disabilities?
1) The atty must try to create a normal atty-client relationship and
2) the atty may seek appointment of a guardian from a ct.
55
Is there a duty to protect client confidences?
Yes.
56
What info is protected as confidential?
Anything the atty learns during the course of rep or possible rep from client or from others must be confidential.
57
What duties does an atty have with regard to confidential information?
Attys may not disclose it or use it to the client's detriment, except as authorized by law. Attys have an affirmative duty to prevent the inadvertent or unauthorized disclosure of a client's info.
58
What are the exceptions to the duty of confidentiality?
An atty may reveal info relating to rep of a client to the extent the atty reasonably believes necessary:
a) to prevent reasonably certain death or substantial bodily harm;
b) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the atty's services.
c) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in futher...
d) to secure legal advice about the atty's compliance with the rules.
e) to establish a claim or defense on behalf of the atty in a controversy between the atty and the client or the atty's defense in representation of the client.
f) to comply with a ct order.
g) if the client gives informed consent.
h) to detect and resolve conflicts of interest.
59
How should an atty handle the fruits and instrumentalities of a crime?
An atty cannot keep, alter, or hide it. If the client doesn't take it back, atty can give it to the police (and not say where s/he got it).
60
How should an atty deal w/knowledge that a client will or has committed perjury?
1) Atty has to urge the client to rectify the fraud.
2) The atty must seek to withdraw.
3) The atty must disclose CI necessary to rectify the fraud.
61
Is there a duty to prevent the abuse of the system?
Yes.
62
What are the rules for an atty to prevent the abuse of the system?
1) An atty shall not bring or defend a proceeding or assert or controvert an issue unless the atty believes that there is a basis for doing so that is not frivolous.
2) An atty shall make reasonable efforts to expedite litigation consistent with the interests of the client.
3) An atty shall not seek to influence a judge or jury in a manner prohibited by law.
4) An atty shall not engage in conduct intended to disrupt a tribunal.
63
Is there a duty of candor to a tribunal?
Yes.
64
What are the rules re: candor to a tribunal?
1) An atty shall not make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal.
2) An atty shall not fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client.
3) An atty shall not offer evidence that the atty knows to be false.
4) An atty shall disclose adverse legal authority that is on point (to the reasonable atty) and is from the controlling jurisdiction.
5) In ex parte proceedings, the atty shall inform the tribunal of all material facts.
65
What are the rules re: fairness to the opposing pty?
1) An atty shall not obstruct another person's access to evidence or unlawfully alter, destroy, or conceal a doc or other material having potential evidentiary value.
2) An atty shall not falsify evidence or counsel a witness to testify falsely.
3) Make a frivolous discovery request or fail to comply with discovery in good faith.
4) Make a false statement of material fact or law to a 3rd party.
5) An atty who receives a doc relating to the rep of the atty's client and knows or reasonably should know the doc was inadvertently sent shall promptly notify the sender.
66
May an atty allude to any matter that is not supported by admissible evidence?
No!!!
67
An atty can assert personal knowledge about the justness of a cause of personal knowledge of facts. True or false?
False - except when testifying as a witness.
68
What are the special duties of a prosecutor?
A) Only to proceed when there is probable cause.
B) To make timely disclosure of all exculpatory evidence to defense, inc. evidence that can be mitigating to sentencing.
C) Ensure that the accused has been advised to the right of counsel and given reasonable opportunity to obtain counsel.
D) Not to seek a waiver of rights if unrepresented by an atty.
E) Not to subpoena another atty b4 grand jury or other proceeding.
F) Not to make public statements that will include public condemnation.
G) If prosecutor knows of new evidence creating a likelihood that dft did not commit a crime, will disclose to dft and further investigate.
69
When can the prosecutor subpoena the other atty in a case?
If the prosecutor believes that:
a) the info sought is not protected from disclosure.
b) the info is essential to successful completion of the proceeding.
c) there is no other source in obtaining the info.
70
What are the rules regarding pro bono work?
1) An atty shall aspire to perform at least 50 hours of pro bono service per year.
2) An atty may serve as an officer, director, or member of a legal services organization, even if it has interests adverse to the atty's clients.
71
What are the rules regarding the attys as an advisor?
1) An attys shall not counsel a client to engage, or assist client, in conduct that the atty knows to be criminal or fraudulent.
2) An atty may discuss the legal consequences of any proposed course of conduct with a client and may assist a client to determine the meaning and application of the law.
3) An atty shall give candid advice and may refer not only to the law, but also to moral economic, social, and political considerations.
72
What is the permission nature of communicating with adversaries?
A) An atty shall not communicate directly w/a person the atty knows is rep'ed by an atty.
B) Attys can communicate w/someone who is unrepresented but not give legal advice or say disinterested.
73
What is the exception to communicating directly w/a person who is rep'ed by an atty?
If it's ct. ordered and the other atty consents.
74
What are the rules re: communicating w/a witness?
A) An atty may contact all witnesses, inc. witnesses from an opposing party (unless rep'ed by atty).
B) An atty cannot harass a witness or encourage a witness to leave a jurisdiction to avoid ct.
C) Non-expert witnesses can be paid only for expenses incurred to testify.
D) Expert witnesses may be paid a reasonable fee in addition to expenses.
E) No witnesses can be paid on a contingency basis.
75
What is the rule re: communicating w/a juror before trial?
No communication is allowed w/a member of a panel from which a jury is selected.
76
What is the rule re: communicating w/a juror during trial?
No communication is allowed unless during the course of the proceedings.
77
What is the rule re: communicating w/a juror after trial?
An atty may contact a juror unless:
1) prohibited by law or
2) juror says don't contact or
3) the atty engage(d) in misrep or harrassment.
78
What is the rule re: communicating w/the ct.?
A) Except in emergencies, ex parte communication is not allowed.
B) No gifts to ct. personnel are allowed, except for ordinary social hospitality.
79
What is the rule re: communication about judges/ct. officers?
An atty cannot make a false statement about a judge or a judiciary officer that the atty knows to be false or acting reckless.
80
What is the rule re: communication with the press?
An atty cannot make a statement that is
1) reasonably likely to be disseminated in public and
2) a substantial likelihood of materially prejudicing an adjudicatory proceeding.
81
What is the general rule re: advertising and solicitation?
1) Must not make false or misleading statements
2) Can say that atty is a certified specialist if recognized by licensing body which is named in ad.
3) May communicate that the atty practices or doesn't practice in a specific area.
82
What may an atty solicit potential clients in-person?
1) If the target is a lawyer
2) If the target is a family member or someone of close relation
3) If the target is a professional contact
4) If offering pro bono
83
Can an atty solicit potential clients by mail?
Yes.
84
Can an atty solicit potential clients by live phone call or real-time electronic communication?
No.
85
If a prospective client asks not to be contacted, what happens?
The atty cannot make contact again.
86
How should mail be marked as "advertisement"?
Beginning, end, and on envelope.
87
Are atty ads allowed?
So long as the ad is truthful and not deceptive.
88
Is it deceptive to use the name of a firm founder after s/he dies?
No.
89
Can a firm continue using a firm founder's name if the founder enters public service?
Attys must remove the name if someone enters public service.
90
What is the general rule regarding creation of a firm name?
May use trade names if not misleading or deceptive or in connection to gov't.
91
Two solo attorneys share an office and label the door as firm X and Y. Violation?
Yes. Attys cannot rep that they are in partnership if not the case.
92
If state law permits it, under what condition can a firm incorporate?
All its officers, directors, and shareholders must be attys.
93
What are the rules re: buying and selling firms?
A) Seller must stop practicing in that geo area or stop practicing in that field.
B) the firm or at least that area of practice must be sold.
C) written notice has to be given to clients and allow another atty to be found.
D) No immediate increase in cost of services b/c of the sale.
94
When should fees be set?
As soon as possible in the course of representation, preferably in writing.
95
True or false: contingency fee arrangements must be in writing.
True.
96
What are the factors for determining if an atty's fee is reasonable?
A) Time and skill required for rep.
B) Extent of preclusion of other legal work.
C) Fee typically charged for like work in community.
D) Amt charged
E) Experience of the atty.
97
True or false: Contingency fees must be in writing.
TRUE!
98
What are the rules re: contingency fees?
A) Atty must notify client of any responsibility for expenses client must bear.
B) Contingency fees are not allowed in criminal cases.
C) Atty cannot take domestic relations case when fee is based on divorce, alimony, or divorce settlement.
99
A division of fees between attys who are not in the same firm may be made only if...
A) the division is in proportion to the services performed by each atty or each atty assumes joint responsibility for the representation;
B) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and
C) the total fee is reasonable.
100
True or False: Attys may enter into agreements that restrict the ability of attys to practice after the termination of their employment (i.e., non-competes).
FALSE!
101
True of False: An atty can commingle client funds and personal funds.
False! An atty must not commingle client funds with personal funds.
102
How long must an atty keep a record of client funds after representation?
5 years.
103
True or false: An atty must keep a client's property safely.
TRUE
104
An atty must pay all money owed to the client ________.
promptly.
105
If there is a dispute re: how much money is owed to the client, what does the atty have to do?
Atty has to give client the money and can keep the amount in dispute.
106
What is the general rule for when judges are disqualified?
Judges have to avoid even the appearance of impropriety.
107
What is impropriety?
Reasonable perception of when a judge is acting impermissibly.
108
T or F: If the judge has personal knowledge or disputed evidentiary facts, s/he is disqualified.
True.
109
T or F: If the judge served as an atty in the matter in controversy or a judge in another ct., s/he is not disqualified.
False. It also includes all matters in a law office while the judge worked there.
110
T or F: If the judge has any financial interest in the case that the judge knows or should know of, s/he is not disqualified.
True. This includes if a pty or atty made a campaign contribution larger than the amount designation by state law.
111
The financial interest disqualification rule for a judge also applies to ....
the financial interest of the judge's spouse, children, parents, and family living in their house.
112
T or F: The judge is presiding over a case where a party is the local utility company and the rates they charge their customers. The electric company in question sends the judge an electric bill. The judge is disqualified.
False. Must be a legal or equitable interest.
113
T or F: A judge's cousin is involved in the case the judge is providing. The judge is disqualified.
False. Rule applies to all relations OTHER than cousins.
114
What are the disqualification rules re: a judge's family member being involved in the case?
A) If the family member (FM) is a pty, D&O, or trustee of the pty.
B) If FM is the opposing counsel.
C) FM has more than a de minimis interest that can be substantially effected.
D) FM is likely to be a material witness.
115
What is some conduct while serving as a judge is appropriate?
1) Comply with all constitutional, statutory, and procedural laws.
2) Require order and decorum in ct proceedings.
3) Be patient, dignified, and courteous.
4) Be unbiased.
5) No ex-parte communications.
6) Avoid and require attys to avoid expressing bias
7) Dispose all judicial matters promptly, efficiently, and fairly.
116
What are the exceptions to the disqualification rules of judges?
1) Remittal (consent of ptys)
| 2) rule of necessity.
117
How does remittal work? (hint: re judge disqualification)
1) The judge must disclose on the record the basis for disqualification.
2) All ptys must freely agree to allow the judge to participate.
3) Consent must be on the record.
118
What is the rule of necessity? (hint: re judge disqualification)
If all judges in the jurisdiction are disqualified, any can hear the case.
119
What can a judge commend or criticize jurors for their verdict?
Only in a court order or opinion (i.e., mtn to set aside jury's verdict).
120
T or F: A judge shall not disclose or use any nonpublic info gained in the judicial capacity.
True.
121
T or F: A judge may make comments about any pending proceeding that can be reasonably expected to affect its outcome.
False.
122
When can a judge engage in ex-parte communications?
Only in emergencies, and must disclose to the other party.
123
T or F: A judge may conduct an independent investigation of the facts.
False.
124
T or F: A judge may consult with a 3rd pty regarding a case if the other ptys are notified.
True.
125
T or F: A judge may engage in the practice of law.
False. This includes arbitration/mediation. No moonlighting.
126
T or F: Judges are not allowed to serve as fiduciaries (i.e., admin, executors, trustees, guardians).
True, unless a member for an immediate family member or re: a matter not going to come to his court.
127
T or F: Judges may serve in a charitable or civic organization so long as it does not reflect adversely on the judge's impartiality.
True, unless the org is likely to become involved in a case b4 the judge or the org will create financial/political gain.
128
T or F: A judge can be involved in fundraising or use his office's prestige for fundraising.
False.
129
T or F: A judge cannot hold membership in any org that practices invidious discrimination based on race, sex, etc.
True.
130
T or F: A judge shall not appear as a character witness unless subpoenaed or testify at a public hearing unless it concerns the law or legal system.
True.
131
T or F: Judges shall not engage in financial transactions that risk a conflict of interest.
True.
132
T or F: A Judge can serve as a Director/Officer on a closed corporation owned by a family member.
True.
133
Judges may not accept or urge family members to accept gifts from those likely to appear before the judge. What are the exceptions to this rule?
A) May accept gifts of little intrinsic value.
B) If it's within ordinary social hospitality.
C) If it's loans from a lending institution that is in the regular course of business (no special deal for judge).
134
T or F: Judges may NOT receive compensation for their non-judicial conduct.
False, when permitted.
135
Judges and candidates in judicial office may not....
1) hold office in a political org.
2) publicly endorse or oppose a candidate for office.
3) make speeches for a political org.
4) attend political org events.
5) solicit funds or make contributions to candidates for office
6) seek or accept endorsements from political orgs.
7) not use ct. staff for political campaigns.
136
T or F: A judge must resign from the bench if running for non-judicial office.
True.
137
T or F: In campaigning for election or retention to the bench, a judge shall not personally solicit or receive funds.
True.
138
T or F: A judge may make pledges or promises if elected onto the bench.
False.
139
T or F: A judge will not knowingly misrepresent qualifications or facts concerning an opponent.
True.
140
Can you refer a client to a competent lawyer and charge a reasonable sum for the time spent in making the referral?
Yes.
141
HYPO: You, the attorney, have your client's funds in a client trust account. You appropriately bill the client on a monthly basis but do not withdraw the funds. Violation?
Yes, b/c failure to w/draw fees as billed results in commingling of funds.
142
HYPO: You, atty, decide to bring in co-counsel to cover an area that you are unfamiliar with. You neglect to tell the client. Violation?
Yes.
143
T or F: Client trust accounts need not be in the same state as where the atty is licensed.
False. Needs to be in the same state.
