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Practicum Final > Final > Flashcards

Final Flashcards

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1
Q

Who determines who can and cannot practice law?

A 
The Supreme Court 
LICENSURE
SANCTION
ADMISSION
REMOVAL
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2
Q

Bar Associations

A

ABA-American Bar Association
MSBA-Minnesota State Bar Association
HCBA-Hennepin County Bar Association
RCBA-Ramsey County Bar Association

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3
Q

Public Sector Jobs

A 
Attorney General
County Attorney
City Attorney
Public Defender
Legal Aid
Educational Institutions
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4
Q

Integrated bar association

A

California: Membership required

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5
Q

Lawyer Discipline

A

CANONS OF PROFESSIONAL CONDUCT (1908)
ABA MODEL RULES OF PROFESSIONAL CONDUCT (1969)
CANONS: Statements of general concepts
DISCIPLINARY RULES: Mandatory rules of conduct, violation resulted in sanctions
ETHICAL CONSIDERATIONS: those that are advisory or aspirational (no discipline if violated)

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6
Q

Model Rules of Professional Conduct 1983

A

MINNESOTA ADOPTS AS THE MINNESOTA RULES OF PROFESSIONAL CONDUCT IN 1985

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7
Q

OLPR

A

Office of Lawyers Professional Responsibility Receiving mail from the Office of Lawyers Professional Responsibility (OLPR) in an envelope marked “Personal and Confidential” is sure to ruin any lawyer’s day.

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8
Q

Ethics Opinions

A

Written by courts and establish precedent

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9
Q

Possible sanctions

A

Disbarment, suspension, public reprimand, and reprimand.

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10
Q

Ethical violations

A

can result in sanctions, sanctions are different from malpractice.

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11
Q

How many certified ABA programs are there

A

250

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12
Q

Rule 5.3

A

Rule 5.3

Attorney supervision of non-lawyers
Lawyers are responsible for actions on non-lawyers

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13
Q

What paralegals can do

A

All tasks delegated by an attorney
All items under attorney direct supervision
Provide knowledge and information

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14
Q

What paralegals cannot do

A 
Provide direct services to public 
Give legal advice 
Accept or reject clients for firm 
Solicit cases 
Represent before tribunal 
Split legal fees 
Unauthorized practice of law (UPL)
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15
Q

Pro Hac Vice

A

Special rules that allow a lawyer to represent a client in a state court in a state where the lawyer is not licensed to practice

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16
Q

The Professional Judgment Test

A

whether the activity at issue is one that requires the lawyer’s special training and skills.

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17
Q

The Traditional Areas of Practice Test:

A

whether the function in question is one that would traditionally be performed by an attorney or is commonly understood to be the practice of law.

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18
Q

The Incidental Legal Services Test:

A

whether the activity is essentially legal in nature or is a law-related adjunct to some business routine or transaction.

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19
Q

What constitutes giving legal advice

A 
Recommending course of action
Outlining clients rights and responsibilities 
Evaluating outcome 
Interpreting law or statutes 
Recommending how to proceed
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20
Q

What constitutes the practice of law

A

Making Court Appearances
Includes taking depositions and signing pleadings
Establishing the Attorney-Client Relationship
Giving Legal Advice

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21
Q

Jailhouse lawyer

A

Inmates who help other inmates prepare postconviction writs

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22
Q

Attorney-Client Privilege

A

Rule of evidence that protects confidential communications between lawyer and client during their professional relationship.

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23
Q

What paralegals can do

Study These Flashcards
A

conduct legal and factual research and investigation
draft memoranda, pleadings, and other legal documents
prepare standard form documents
prepare correspondence for attorney and paralegal signature
interview clients and witnesses
act as liaison with clients and others outside the firm
organize, analyze, and summarize legal documents
file documents with courts and government agencies
handle procedural, administrative, and scheduling matters

24
Q

Need to expand resources for legal help and services

Study These Flashcards
A

The decrease in funding for the legal services corporation that formerly supplied legal services to people of low and moderate income
The increase in the need for legal services, due to the proliferation and complexity of laws
The rising cost of legal services provided by lawyers

25
Need to expand resources for legal help and services
The decrease in funding for the legal services corporation that formerly supplied legal services to people of low and moderate income The increase in the need for legal services, due to the proliferation and complexity of laws The rising cost of legal services provided by lawyers
26
Importance and basis of rule
Rule applies to everyone working on the case.
27
Attorney-client privilege
The rule of evidence that protects confidential communications between a lawyer and client made in the course of the professional relationship
28
Privilege does not apply to
Identity of a client or to a client’s whereabouts Fee arrangement between a lawyer and client Preexisting documents Physical evidence of a client’s crime
29
Work Product Doctrine
Protects the work done by a lawyer and his or her employees and agents in the process of representing a client in litigation.
30
Law firms must protect confidentiality
Law firms need to have and follow well-established policies and procedures to prevent inadvertent disclosure of confidential information.
31
How to protect confidentiality
PDF Don't send electronically if highly sensitive Make sure identified as confidential document make sure only sent to intended recipients Do not forward emails
32
How to protect confidentiality
PDF Don't send electronically if highly sensitive Make sure identified as confidential document make sure only sent to intended recipients Do not forward emails
33
Rule 1.7 Duty of Loyalty and Confidentiality
cannot represent individuals when interest is at odds with another current client
34
Rule 1.7 Duty of Loyalty and Confidentiality
cannot represent individuals when interest is at odds with another current client representation that is adverse to former client representation of clients whose interests are aligned checking for conflicts lawyers interests in business or financial that are adverse to a client Waivers in representing multiple clients avoid appearance of impropriety
35
Rule 1.7 Duty of Loyalty and Confidentiality
cannot represent individuals when interest is at odds with another current client representation that is adverse to former client representation of clients whose interests are aligned checking for conflicts lawyers interests in business or financial that are adverse to a client Waivers in representing multiple clients avoid appearance of impropriety
36
Bates v. Arizona
Until Bates, most forms of lawyer advertising were prohibited. The Court held that lawyer advertising—like other forms of commercial speech—was protected, and states could prohibit advertisements only in limited ways. Must be truthful, cannot be false or misleading. Some states prohibit testimonials.
37
Rule 7.1
Rule 7.1 Prohibits lawyers from making false or misleading communications abut themselves or their services.
38
Rule 7.2
Rule 7.2 advertising through written, recorded, or electronic means. Cannot pay person for recommendation. One lawyers name must be a part of the ad with address.
39
Rule 7.3
Rule 7.3 | must include the fact that this is an advertisement
40
Rule 7.4
Rule 7.4 Can identify specialization approved by state
41
Rule 7.5
Rule 7.5 Names on letterhead, may have paralegals names, as long as identified. brochures, newsletters, websites, truthful honest not misleading or false, disclaimer or waiver-should include no advice being given and no attorney-client relationship established. Can send out letter. No direct solicitation, phone call, etc, prohibits runners.
42
Types of fees
Fixed fees, contingency fees, hourly fees.
43
Fixed fees
Fee for legal services based on a set amount
44
Contingency fees
Fee depends on the successful outcome of a case and is based on a percentage of the recovery
45
Hourly fees
Fee based on hourly rates and the amount of time actually expended
46
Retainer agreements
retainer is a fee paid at the commencement of agreed-upon work, to assure the availability of the lawyer to handle specified matters
47
Fee Splitting
Ethics codes have long limited the splitting of fees between or among lawyers who are not members of the same firm. Must be a part of the case.
48
Referral Fees
A portion of a client’s fee is paid to another attorney simply for referring a case.
49
Commingling of funds
Commingling is the mixing of client funds with lawyers’ funds.
50
Conversion of funds
The tortious deprivation of another’s property without justification or authorization.
51
IOLTA
Interest on Lawyers Trust Account. Have to keep client funds separate from the rest of the firms funds until they have been earned.
52
Competence
Legal knowledge, skill, thoroughness, and preparation Reasonable diligence and promptness Communication with clients to keep them informed about the status of their matters, to comply with reasonable requests for information, and to explain matters so that clients can make informed decisions
53
Certified Legal Assistant/Certified Paralegal:
Certification for paralegals offered by NALA for passing the Certified Legal Assistant examination. Not in Minnesota.
54
Registered Paralegal:
Certification offered by NFPA for passing the Paralegal Advanced Competency Examination
55
Malpractice
Improper conduct in the performance of duties by a professional, either intentionally or through negligence
56
What constitutes malpractice now
``` Substantive incompetence Management incompetence Poor communication skills and practices Fee misunderstandings Substance abuse and stress ```
57
Avoiding malpractice
Memorialize all communication and correspondence Keep files organized and backup proper investigation before accepting client return emails and phone calls understand clients expectations unsettled areas of law, make sure client understands process of dealing with review files regularly attorneys review and supervise

Practicum Final (1 decks)

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