Extra Flashcards
(86 cards)
1
Q
Para Professionals
A
Adequately Supervise
- if carefully reviewing etc. but they do something stupid or can’t follow simple directions
- Then = NO Discipline ..maybe malpractice but they didn’t fail to supervise as far as model rules
2
Q
Prosecutor to defendant outside defense council
A
Nope ! No way no how !
3
Q
Judge or Attorney misconduct - do you have to report?
A
Yup - When in doubt, Rat them out!
See something, say something
4
Q
Attorney Client Privilege - gone when
A
Client tells someone – you’re beat !
- Attorney can reveal -
5
Q
Joint Defense
A
Everything is privileged and confidential
6
Q
Work for a government agency - to take similar case
A
Need Government’s Consent
7
Q
Your own work - who’s responsible?
A
You are although mitigation - not provided the resources BUT – You Must take Reasonable Steps to Remedy , remedy, remedy
8
Q
Advertisement
A
Can’t be False or Misleading -
question will be about misleading - So ..disclaimer from being associated with or supported by something
9
Q
Imputed Conflict - Nothing to Do w/ It ~ didn’t work on case , new firm
A
Not disqualified - doesn’t travel that far
- not imputed
10
Q
Judges - things / gifts / discounts avail to other members of the public are
A
Ok - just fine to accept also
11
Q
Report Misconduct unless —
A
Protected by Attorney / Client Privilege (or other privileges)
12
Q
Privilege - 3rd party payer
A
Cannot reveal
13
Q
Client - suggests Illegal or Improper action
Attorney - ???
A
- Does NOT have to withdraw
- Must council or advise not to do it and the consequences of such action
14
Q
Attorney Work Product
A
Not subject to discovery - DUH
but if there are tons of facts that no other way and super important then they might be able to get it
15
Q
Confirm in Writing
A
When in doubt write it out !
- Potential Conflict
- Overlapping interests
- Business relationships
16
Q
Everything after “ I want you to represent me” ..?
A
Protected - confidential !
17
Q
Malpractice Waivers – MUST HAVE
A
Independent Council WHEN SIGINING !!
- not just advise -
18
Q
Judge - Political Candidate …
A
Must quit first – Duh !
19
Q
Real Time Solicitation —
A
NO - In person / Zoom / Telephone (these are real time)
Ok = E mail, text, dm, im flyer…b/c you can read it whenever !
20
Q
Joint Representation –
A
No secrets - know all the deals / pleas / etc
- right to know
21
Q
Do you have to rat out people who aren’t members of the bar (juror) ?
A
No they’re safe from telling
22
Q
Pro Bono - how can you satisfy it?
A
Can pay / do something - it’s only a suggestion
23
Q
Judicial Bias / Conflict - based on personal bias or prejudice concerning a party or a party’s lawyer
> CAN you waive if all agree?
A
No - this conflict is not waivable
- if based on personal prejudice
24
Q
Advertising - misleading
A
- if the commercial would cause a reasonable person to form an unjustified expectation of similar results.
25
Lawyer reveal confidential info to avoid criminal indictment of himself?
Yes - revelation is permitted if the lawyer reasonably believes it to be necessary to defend from allegations of criminal conduct
26
Consult w/ Client about the means to objective?
| - Object or not -
> Must reasonably consult with their clients about the means
-- > No Time to consult mid trial to object
27
A client with diminished capacity
One who needs protection vs. One who does not
- no danger of substantial harm, the lawyer does not have the option to take protective action
>> have as normal a lawyer-client relationship as possible.
28
Participate in legal services organizations
- a vote for policy
- adversely affect the lawyer's client
The lawyer favors it.
| BUT would be incompatible with the lawyer's duty of loyalty to client
29
Crazy Tactics during the deposition --
NOPE - engaged in conduct intended to disrupt a tribunal.
30
Report another lawyer's misconduct that raises a substantial question as to the other lawyer's honesty, trustworthiness, or fitness
- Exception ?
The information about the other lawyer is information relating to the representation of a client and thus confidential
31
Waiver - advance waiver of a conflict of interest
Bunch of factors:
- experienced consumer of legal services
- agreed to the advance waiver after consultation with its in-house counsel
- waived only conflicts arising from matters unrelated to the law firm's representation of the client
32
Expectation of client for lawyer to break rules - what must lawyer do?
Duty of communication with the client - consult with the client about limitations on the lawyer's conduct
> when the client expects assistance that is not permitted by the rules of professional conduct
> assist in the perpetration of a fraud / crime
- Withdrawal
33
Comingling funds - exception ?
Small amounts never withdrawn probably to pay bank fees
34
Lawyer can't contact a represented person - can the client?
Yes
35
Splitting fees - can you ?
Yes if:
- client agrees
- approval of the share that each lawyer will receive
- confirmed in writing
- the total fee must be reasonable
> division of the fee is in proportion to the work performed or the lawyers must assume joint responsibility for the case
36
The client has made it known that a particular settlement offer is unacceptable, the lawyer need not convey the offer - need to convey offer??
Nope - made it clear too low
37
Judges - commend or criticize jurors for their verdicts
Nope - are not permitted to do so
38
Client most likely to loose - tell him?
Yes b/c an advisor as well as an advocate
| - The client was entitled to know the lawyer's candid opinion before proceeding with the case.
39
Soliciting face to face - not allowed except family , close friend, or lawyer -- exception ?
Solicitation by a lawyer who does not have a significant motive of pecuniary gain
40
Perjury -
1. Not assist
2. Talk out of it
3. Withdraw
4. Convince him to Rectify
41
Citing adverse -
- If opposing party fails to cite
- directly on point
- controlling
42
Attorney / Client Priv. - waived if
Client defends against a charge of misconduct by claiming reliance upon the advice of counsel - attorney now has to defend himself
43
Can a judge express strong personal beliefs to a bar association or some body of people?
Yes - judge's expression of strong personal beliefs is not a pledge, promise, or commitment inconsistent with the impartial performance of her judicial duties
44
Contingency fees need to be...?
Reasonable - go w/ totality of factors - judgement call
45
Attorney-client privilege attaches -- even when --?
Just a minor discussion about the possibility of forming a lawyer-client relationship with a lawyer as a prospective client.
>> Even when no relationship is formed >>
- shall not use or reveal information learned in the consultation
46
Adverse authority in which jurisdiction ?
Controlling Jurisdiction -- not just controlling authority !
| All adverse in that jurisdiction
47
Gifts - can't solicit or prepare documents giving gift but can --
Accept gift that doesn't require an instrument creating the gift
48
Can you withdraw from an unreasonably difficult client/
Yes
49
Can you refuse to grant an extension just to be a dick?
Yes - lawyer may refuse a request to grant an extension or other courtesy for any reason or no reason at all within the bounds of the law.
50
Sale of a practice - 4 things
1. Inform his clients in writing about the sale / right to obtain other counsel and that they will remain if they do nothing for 90 days;
2. the seller will no longer practice law in the same geographical and/or substantive area;
3. the whole practice is sold to one lawyer or group;
4. no greater fees will be charged
51
Contact w/ juror or prospective juror ?
Lawyers connected with the case may NOT communicate with jurors or prospective jurors (or their families) in any way.
- This extends to socializing -
52
Sexual relationship w/ executive of corporation - conflicts
B/C supervises his work = conflict and can't rep
corp.
- conflicts are not imputed to other members of the firm so as, such, firm may continue to do so.
53
Reporting misconduct of another lawyer - learned of conduct through representation of a client -
Representation of the client
** all info is Confidential **
Thus can't tell - duty exception
> Also a general duty to take reasonable remedial measures if they know anyone has engaged in criminal or fraudulent conduct related to an adjudicative proceeding ---> in which the lawyer represents a client.
54
Client - diminished capacity; lawyer may?
Take "reasonably necessary protective action" when he feels that the client is risking major physical, financial, or other harm due to diminished capacity.
55
Prospective client - bad info - disqualified from repping the other party?
Not disqualified. - If either
- Informed consent or
- screened that attorney
56
Info learned in representing a client can be used if?
where the use causes no detriment to the client
or if it does disadvantage then
need informed written consent
57
Adverse legal authority -
1) authority must be controlling in the jurisdiction;
2) the authority must be directly adverse;
- AND -
3) the duty does not arise until opposing counsel has failed to cite the authority.
Not be obligated to report the adverse authority in the initial motion
58
Safeguard the property of others in his possession
Rules state that securities should be kept in a safe deposit box.
59
Communication w/ represented party
Not prohibited if communication is concerning matters outside the representation.
60
Advertize needs
name, address, and other contact information
61
Judge Disqualifies himself when
- impartiality might reasonably be questioned
- where degree of closeness is present
- Judge was associated with a lawyer who "participated substantially" in the present matter before the judge during their association
62
A judge may obtain the written advice of a disinterested expert on the law applicable if?
- The judge gives advance notice to the parties of the person to be consulted and the subject matter of the advice to be solicited,
and
affords the parties a reasonable opportunity to object and respond
- must be written not oral
63
Arguing opposite views of the same law in proceedings is NOT Allowed when ?
- the first case is still pending in the same court
| OK if in different courts
64
Consent of a conflict w/ employee of a Corp --
If consent is NOT given by THAT Employee
65
Lawyer as a witness about legal fees
- Allowed
66
Representing an employee where you represented and drafted legislation that affected the employer
Drafting of legislation is not a "matter" for there is no conflict of interest
67
A law firm name that includes the names of deceased partners is a trade name
- Generally permitted as long as not misleading
68
Revealing info about client outside the firm
- Revealing Confidential information in order to obtain the guidance of another lawyer in assisting the client is impliedly authorized ~especially when protects the identity
- BUT to reveal the client's communications with someone outside the firm is to waive the client's attorney-client privilege,
~ Must Not do without client Consent
69
State not barred and in-house counsel
This is OK - b/c not appearing in court
70
Paying for referrals ?
NO
71
Can you lie about settlement amounts in negotiations?
Yes
72
"A lawyer representing a client before a legislative body or administrative agency..shall?
Disclose that she was appearing to represent a specific company's interests.
73
An officer or member of a legal services organization, even if the organization serves persons with interests that are adverse -- then voting ?
must abstain from participation in decisions that would prejudice either
- a client of the legal services organization or
- the lawyer's own client
74
Statements to media about misconduct - drinking - ?
As long as reasonably believes statements to be true.
75
Eavesdropper to confidential convo - can you stop them from revealing?
if an eavesdropper seeks to disclose confidential information, the holder of the privilege has a right to prevent that disclosure by objecting to the question
if it is asked in a judicial proceeding, whether or not she is a party.
76
Client Intent to commit a violent crime - reveal?
Simply allow disclosure to the extent a lawyer reasonably believes necessary to prevent a violent crime,
but they do not require the disclosure
77
Fee splitting attorneys - what must the client do?
The client's written consent.
78
Speaking to former employees - you can't?
Obtain privileged information
79
Judge soliciting funds?
Nope - Can't do
80
Judge to take action only needs -
Reasonable belief
81
Withdraw must do what for client?
Take reasonable steps to protect to the rights of her client
82
Solicit in person to attorney?
Yes you can
83
Judge possible conflict must do what?
(1) disclosing on the record
(2) asking the lawyers and parties to consider, outside the presence of the judge whether to waive
(3) the agreement parties that the judge may participate
84
Drop 1 client to take a more lucrative client - 1st client moves to disqualify - grant or not?
Yes Disqualify - it brings disrepute on the legal profession when a lawyer drops one client in order to take on a more lucrative client.
85
Who decides whether to have jury in civil case?
Lawyer
86
Client tells lawyer he's going to commit a crime - have to do anything?
NOPE - a lawyer need not try to prevent a crime, even when she reasonably believes that the client is going to cause another's death or serious bodily harm.
