FL Professional Resonsibility Flashcards
(206 cards)
0
Q
The __________ practice or area of practice may be sold to ___________ purchasers.
A
Entire; different
1
Q
Sale of Law Practice
A
Permitted, but certain requirements.
2
Q
The purchaser must be ___________ to practice law in Florida.
A
Authorized
3
Q
Written _________ must be sent to the firm’s clients informing them of the sale and their right to retain other counsel. Client consent is presumed if the client does not object within _____ days of the notice.
A
Notice; 30
4
Q
The purchaser cannot _________ the fee.
A
Increase
5
Q
A Lawyer can only practice in state where ___________.
A
Admitted
6
Q
Lawyer not licensed in Florida cannot __________ to provide legal services in Florida.
A
Advertise
7
Q
A lawyer not admitted in Florida cannot ______________ in Florida or hold out to the public that the lawyer is admitted in Florida.
A
Open an office
8
Q
But in areas of __________ law involving immigration, patent and _________, a lawyer admitted in ___________ jurisdiction may provide legal services in Florida limited to these specific areas of federal law.
A
Federal; tax; any
9
Q
Pro hac vice - Must file a motion with ____________ asking permission to appear in that case.
A
The court
10
Q
More than ___ appearances within ______ day period is presumed to be general practice of law and thus ineligible for admission pro hac vice.
A
3; 365
11
Q
Inactive, __________ and former members of Florida Bar not eligible for admission pro hac vice.
A
Suspended
12
Q
Florida _________ is not eligible for pro hac vice unless application for admission to the Florida bar has been filed.
A
Resident
13
Q
Lawyer cannot assist another to engage in _______________.
A
Unauthorized practice of law
14
Q
Lawyer must _________ non-lawyer staff. Florida uses phrase “specifically delegated” work.
A
Supervise
15
Q
Lawyer cannot accept employment by _________ group the purpose of which is to ___________ non-lawyers.
A
Non-lawyer; supervise
16
Q
A suspended or ________ lawyer cannot be employed under the supervision of another lawyer who was supervised by the individual at the time of the acts that caused the suspension or disbarment.
A
Disbarred
17
Q
A lawyer admitted in a state other than Florida may provide ___________ legal services in Florida if:
(a) undertaken in association with a Florida lawyer who ___________, or
(b) reasonably _________ to a pending or potential proceeding where the lawyer is admitted, or
(c) performed for a client who ________ where the lawyer is admitted, or
(d) reasonably related to the ______________ where lawyer is admitted.
A
Temporary;
(a) actively participates;
(b) related;
(c) resides;
(d) lawyer’s practice
18
Q
Restrictive covenants __________ permitted for lawyers.
A
Are not
19
Q
Pro bono:
A
(1) Not required - only aspirational (20 hours per year or $350 donation);
(2) Reporting of pro bono hours is required
20
Q
No false, __________, or misleading firm names.
A
Deceptive
21
Q
Trade names are generally peritted, but:
(a) some trade names not permitted - avoid ___________
(b) cannot imply connection with _______________ agency or public charitable legal services organization
A
(a) deception
(b) government
22
Q
Law firm name CAN include “Legal Clinic” or “Legal Services” if law firm’s practice devoted to routine legal services at __________ rates.
A
Reduced
23
Q
The name of of a lawyer holding public office _________ be used in the name of law firm during any period in which that lawyer is not actively and regularly practicing with the firm.
A
May not
24
"Nonsense" name is allowed for advantageous position in __________ directly but only if the lawyer actually practices under that ___________ name.
Telephone; nonsense
25
Fee cannot be ____________.
Clearly excessive
26
Fee cannot be generated by employment based on violation of the ____________ or solicitation rules, or by fraud.
Advertising
27
Fee cannot exceed a __________ fee or constitute clear overreaching or unconscionable demand. Consider:
(a) _________ of tie spent on matter
(b) time _____________ placed on lawyer by client or circumstances
(c) complexity and ____________
(d) __________ of money involved
(e) lawyer's skill, ____________ and reputation
(f) what is customarily charged in the _______
Reasonable
(a) amount
(b) limitations
(c) novelty
(d) amount
(e) experience
(f) area
28
Lawyer is paid ____________ of recovery if client is successful in contingency fee.
A percentage
29
Contingency fee agreement must be __________ and ________ by client and every participating lawyer.
In writing; signed
30
Non-contingency fee agreements ________ required to be in writing unless any portion is ___________.
Are not; non-refundable
31
Agreement must state method of calculation:
(a) percentages in event of settlement, ______ or appeal
(b) if expenses will be deducted ___________ percentage taken
trial; before
32
At conclusion of case, ___________ statement with calculations and final fee must be provided.
Closing
33
Domestic relations cases:
(a) _______ contingency fee in divorce, alimony, custody, and support cases.
(b) Contingency fee is allowed in a case to collect ____________ balance of support or alimony.
No; post-judgment
34
Contingency fee allowed in a criminal case?
No
35
Client has right to cancel within ____ days, and owe no fee in personal injury or property damage case. Client however, is obligated to pay reasonable __________ advanced by lawyer.
3; expenses
36
Statement of Client Rights must disclose lawyer's _________ and education.
Experience
37
Statement of Client Rights must disclose whether lawyer will handle the case ________.
Alone
38
Statement of Client Rights must disclose right to a __________ statement.
Closing
39
Statement of Client Rights must disclose right to be kept fully ____________.
Informed
40
Statement of Client Rights must disclose client's right to make _____________ decision.
Settlement
41
Limits on percentage of recovery: Before answer
(1) Up to $1 million:
(2) Between $1-2 million:
(3) Over $2 million:
(1) 33.3%
(2) 30%
(3) 20%
42
Limits on percentage of recovery: After answer
(1) Up to $1 million:
(2) Between $1-2 million:
(3) Over $2 million:
(1) 40%
(2) 30%
(3) 20%
43
Limits on percentage of recovery: If ∆ admits liability
(1) Up to $1 million:
(2) Between $1-2 million:
(3) Over $2 million:
(1) 33.3%
(2) 20%
(3) 15%
44
Limits on percentage of recovery: + _____ for appeal.
5%
45
Limits on percentage of recovery - Medical malpractice cases: Top contingency fee is _____ for first $250,000 in damages, and ______ of all damages over $250,000.
30%; 10%
46
Sharing of fee with lawyers in same firm allowed even if lawyer _______ work on case.
Did no
47
Sharing of fee with a lawyer in a different firm. Allowed if:
(a) Total fee is _______, and EITHER
(b) fee is split based on ________ of work, OR
(c) there is a _______ agreement with client and:
(1) each lawyer assumes joint ____________, and
(2) each lawyer is available for ___________
(3) the basis of the fee split must be ___________ to client
(4) lawyer need ______ actually do any work to share in fee
(d) Advertisement must state any intention of lawyer to ______ case to another lawyer.
(a) reasonable
(b) amount
(c) written
(1) responsibility
(2) consultation
(3) disclosed
(4) not
(d) refer
48
Personal injury or property damage cases:
(a) ____% minimum for lawyer with primary responsibility
(b) Waiver permitted with court permission if ________ participation
(a) 75
| (b) equal
49
Sharing of legal fee with ___________ is prohibited:
Non-lawyers
50
Business that provides both legal and non-legal products _______ permitted.
Is not
51
Non-lawyer ________ invest in legal services business.
Cannot
52
Non-lawyers cannot control professional ___________ of lawyer.
Judgment
53
Kickbacks for referrals ________ permitted.
Are not
54
Bonus can be paid to non-lawyer employee for extraordinary effort if not based on __________ of business or percentage of ____________ received.
Generation; legal fees
55
Lawyer may share ___________ attorneys fees with ______________ pro bono organization that hired lawyer in that matter.
Court awarded; a non-profit
56
Non-client paying fee permitted if:
(1) client ____________
(2) there is no _____________ with the attorney-client relationship
(3) _____________ is protected
(1) consents
(2) interference
(3) confidentiality
57
If lawyer is paid by insurance company to represent the insured, insured must receive Statement of Client Rights informing insured that:
(1) Lawyer will follow ___________ from insurance company if insurance policy so provides.
(2) Lawyer may share ___________ information from insured with insurance company.
(3) Insurance policy may give insurance company right to decide whether to _________.
(1) Instructions
(2) Confidential
(3) Settle
58
Forms of payment:
(a) Cash, credit cards, real property, personal property
(b) Possible problem with property payment if lawyer has _________ knowledge of value of property.
(c) Transfer of ________ rights prior to conclusion of case __________ permitted.
(b) Greater
| (c) Media; is not
59
All __________ must be reasonable. Consider ________ expense and prior disclosure to client.
Expenses; actual
60
Business deals with clients are permitted if:
(a) deal is ________ and reasonable to _________
(b) deal is __________
(c) client given reasonable opportunity to get _________ counsel, and
(d) client consents _____________
(a) fair; client
(b) in writing
(c) independent
(d) in writing
61
Acceptance or solicitation of a _____________ gift involving a legal ____________ to lawyer or lawyer's family member is not permitted, unless client is __________ to lawyer.
Substantial; instrument; related
62
If client insists on gift to lawyer, _______ law firm cannot prepare the instrument.
Entire
63
Financial help to client:
(a) General rule:
(b) Lawyer cannot ______ client's bills and cannot _______ money to client.
(c) Exceptions: lawyer can pay court costs and _______ expenses in __________ case or if client is __________.
(a) Not allowed
(b) pay; lend
(c) litigation; contingency; indigent
64
Lawyer cannot limit liability for ______________.
Malpractice
65
Agreement for mandatory _________ of fee disputes is allowed if client is advised ____________ to retain independent counsel.
Arbitration; in writing
66
Lawyer cannot settle ___________ case with client without telling client in writing to get independent counsel.
Malpractice
67
Family members cannot act as _________ counsel.
(a) family members include parents, siblings, spouse, and children
(b) client waiver permitted
(c) law firm ________ disqualified
Opposing; will not be
68
Lawyer cannot represent two clients if:
(a) clients' interests are ______ adverse, or
(b) lawyer's representation of one creates substantial risk of ________ limitation of ability to represent the other.
(c) Clients can _______ conflict by consenting, but only if attorney reasonably believes that there will be no adverse effect and must be in writing.
(a) directly
(b) material
(c) waive
69
Representation of _________ clients on same side in ______ case is generally permitted.
Multiple; civil
70
But watch out for possible conflict with an aggregate settlement offer. _____ clients must _______ after consultation and disclosure.
All; consent
71
Representation of multiple _______ defendant clients in same case:
(a) It _______ ineffective assistance of counsel as a matter of law.
(b) But watch out for conflict between co-defendants.
Criminal; is not
72
Cannot represent ______ client who is suing a former client in same or substantially related matter.
New
73
Cannot use confidential information against _______ client on behalf of new client.
Former
74
Former client can ________ and waive conflict.
Consent
75
Former ____________ lawyer cannot enter private practice and represent client in a case that the lawyer was personally and substantially involved.
Government
76
Former government lawyer cannot use __________ government information.
Confidential
77
Corporate lawyer's client is _________, not directors, officers, or employees.
The corporation
78
Consider any conflict between corporate entity and individuals. If no conflict, lawyer can represent ________.
Both
79
General rule - if one lawyer is disqualified because of a conflict, _________ firm is disqualified.
The entire
80
Exceptions: The entire law firm ________ disqualified if:
(a) family member as _________ counsel created conflict
(b) conflict is a "___________ interest" conflict
(c) if newly associated ___________ lawyer or ________ is screened and does not share fee.
Is not
(a) opposing
(b) personal
(c) ex-government; ex-judge
81
Conflicts created by ________ in a law firm do not disqualify entire law firm if that person is __________.
Non-lawyers; screened
82
General rule of confidentiality:
Lawyer shall not reveal unless client consents
83
Duty of confidentiality applies even if lawyer is not _______, and continues after relationship is over.
Hired
84
Exceptions to confidentiality. Lawyer MUST reveal:
(a) to prevent ____________
(b) to prevent ________ or substantial body injury
(c) if ordered by court
(a) any future crime
| (b) death
85
Lawyer MAY reveal:
(a) in a controversy between lawyer and _______
(b) to establish ________ in any case against the lawyer
(a) client
| (b) defense
86
Discussions with a prospective client are confidential even if ________________.
They don't hire you
87
Other lawyers at the law firm _________ disqualified if the lawyer with confidential information is _____________.
Are not; screened
88
A lawyer who obtained confidential information from a prospective client may not represent another client in the _____________ related matter.
Screened
89
Implied authority exception:
(a) What is __________ to carry out the representation can be disclosed.
(b) Disclosures to ______________ in firm are permitted.
(a) Necessary
| (b) non-lawyer
90
Possession or touching physical evidence: confidentiality _______ apply
Does not
91
_________ physical evidence: confidentiality applies
View
92
General rule - lawyer shall not bring a ___________ claim or make a ___________ argument
Frivolous, frivolous
93
Frivolous means brought to __________ or not in good faith.
Harass
94
What is not considered frivolous:
(a) position was ________ in past but there is good faith argument for reversal
(b) lawyer thinks case is a loser, but __________ argument exists
(c) current facts are insufficient but ___________ is upcoming
(a) loser
(b) good faith
(c) discovery
95
Lawyer must disclose _________ authority _________ on the court _________ adverse to client not disclosed by opposing counsel.
Legal; binding; directly
96
If lawyer _________ testimony is false: lawyer must not offer it.
Knows
97
If lawyer only has __________ belief testimony is false: lawyer's option whether to offer it.
Reasonable
98
If client wants to commit perjury:
(a) tell client not to do it or to _________ past testimony
(b) if client refuses to listen to lawyer, lawyer should _________
(c) if withdrawal is not possible, lawyer should disclose information to ________
(a) correct
(b) withdraw
(c) court
99
If criminal defendant client wants to commit perjury:
(a) follow same approach as ____________
(b) except if court gives permission to follow __________ approach
(a) civil cases
| (b) "narrative"
100
No inducements to _______ witness.
Fact
101
Expert fee allowed for expert witness, but not ___________ on result.
Contingent
102
Reimbursement for reasonable expenses permitted for ______ witnesses.
All
103
Telling a witness not to talk to other side is ____________ unless witness is client or ___________ of client.
Prohibited; relative
104
Lawyer cannot be advocate and ________ at the same trial.
Witness
105
Exceptions: lawyer can try the case and testify if:
(a) matter is ___________
(b) nature and value of ___________ services are at issue
(c) substantial ___________ would result to client if lawyer is disqualified
(a) uncontested
(b) legal
(c) hardship
106
Law firm disqualification:
(a) general rule - entire firm _______ disqualified if lawyer must testify
(b) exception: if lawyer's testimony is _________ to client's position
(a) Not
| (b) adverse
107
Lawyer cannot assert personal knowledge or __________ at trial.
Opinion
108
Unlawful destruction of documents that are relevant to pending or reasonably foreseeable proceeding is ____________.
Prohibited
109
It is unethical to threaten ____________ charges or a disciplinary proceeding solely to obtain an advantage in a _______ matter.
Criminal; pending
110
Lawyer's funds must be kept _________ from that of client's.
Separate
111
________ account for all clients is permitted.
One
112
Overdraft protection _________ permitted for client trust accounts.
Is not
113
____________ for fees and expenses go into client trust account.
Advances
114
Must keep records for ____ years for client trust accounts.
6
115
Non-refundable fee to ___________ availability of lawyer permitted, but must be confirmed by letter to client.
Guarantee
116
If bank charges a fee on client trust account, lawyer _________ put own money in client trust account to pay bank charge.
May
117
Mandatory withdrawal. Lawyer must withdraw if:
(a) continued representation would be a violation of any Rule.
(b) discharged
(c) physical or ______ condition requires withdrawal.
(d) client persists in course of action involving lawyer's services that lawyer reasonable believes is _________ or fraudulent
(e) client has used lawyer's services to perpetrate a ________ or fraud.
mental; criminal crime
118
Permissive withdrawal. Lawyer may withdraw if:
(a) client insists on __________ or fraudulent conduct
(b) client is ________ or seeks imprudent objective
(c) lawyer will suffer unreasonable ___________ burden
(d) client insists on action with which the lawyer has ____________ disagreement.
(a) criminal
(b) repugnant
(c) financial
(d) fundamental
119
If ordered by court to stay in case, __________ withdraw.
Cannot
120
In a civil case - client decides whether to accept _____________.
Settlement
121
In a criminal case - client decides _____, whether to waive jury, and whether to ___________.
Plea; testify
122
Lawyer's representation of client _______ endorsement of client.
Is not
123
Lawyer cannot _________ a person represented by another lawyer, unless other __________ consents.
Contact; lawyer
124
If corporation is opposing party:
(a) Lawyer cannot contact persons having __________ responsibility, unless corporation's ___________ consents.
(b) Lawyer cannot contact ________ employees who supervise, direct or regularly consult with the corporation's lawyers, or whose acts can be imputed to the corporation, unless the corporation's ___________ consents.
(c) The no-contact rule does _______ apply to former employees of the organization.
(a) managerial; lawyer
(b) current; lawyer
(c) not
125
Lawyer can speak with represented person seeking ______________ opinion.
A second
126
Dealing with unrepresented parties:
(a) cannot act as if ________________
(b) no _________ advice - except get a lawyer
(a) she is disinterested
| (b) legal
127
The Florida advertising rules apply to ______ forms of communication in any print or __________ forum.
All; electronic
128
Advertising includes all forms of communications seeking legal employment. __________ and social networking sites are treated the ________ as television and newspaper ads.
Websites; same
129
The Florida advertising rules only apply to portions of a ____________ law firm website that directly relate to legal services provided by a member of the firm who is a member of the ____________ Bar or that relate to legal services in Florida.
Multi-state; Florida
130
Florida advertising rules _________ apply to ads broadcast in _________ state even if a member of the Florida bar is a member of that firm if the ad is not broadcast in Florida or not targeted at Florida residents.
Do not; another
131
Florida advertising rules __________ apply to _________ media ads if the disclaimer "cases not accepted in Florida" is plainly noted in the ad.
Do not; national
132
Florida advertising rules do apply to lawyers not admitted in Florida who target Florida ___________ for legal employment.
Residents
133
A lawyer not admitted in Florida cannot target ads to Florida ____________.
Residents
134
Exception: non-Florida lawyers can advertise in Florida as part of a ____________ lawsuit pending in another state.
Class-action
135
All ads for legal employment must include the name of at least one lawyer or the name of the law firm ____________ for the content of the ad.
Responsible
136
All ads for legal employment must include the city, town or county of one or more ________ locations where legal services will be provided. The office location must be a bona fide office, except that an ad may state that a lawyer is available at a satellite office.
Office
137
If the case is to be __________ to another law firm, the ad must disclose this.
Referred
138
An ad cannot be __________ or inherently misleading.
Deceptive
139
An ad cannot contain a material statement that is __________ or _________ inaccurate or imply the existence of a non-existent fact.
Factually; legally
140
An ad cannot ________ or _________ success or specific results.
Predict; guarantee
141
An ad cannot refer to _______ results unless objectively verifiable.
Past
142
An ad cannot include ____________ to the skill, experience, reputation or record of other lawyers unless objectively verifiable.
Comparisons
143
An ad is permitted to include the following: Personal attributes such as honest, trustworthy, aggressive; Aspirational statements such as "my goal is," "I strive to," "I am dedicated to;" and _________ of practice in which the lawyer limits her practice.
Area
144
A _________ of an actual or fictitious event is not allowed unless the words "Dramatization. Not an Actual Event" are displayed.
Dramatization
145
Statements that the lawyer will engage in ________ tactics are prohibited.
Improper
146
An authority figure such as a _______ or law enforcement officer may not be used in an ad to endorse or recommend the lawyer or act as a spokesperson.
Judge
147
An actor in an ad must be _________ as an actor.
Identified
148
A testimonial is not allowed if it regards a matter the person making the testimonial is __________ to evaluate; is not the actual experience of the person; is not representative of what clients of that firm generally experience; has been written or drafted by the ________; is made in exchange for something of value; or does not include a disclaimer that a prospective client may not obtain the same or similar results. Truthful testimonials by past clients regarding courtesy and promptness are permitted.
Not qualified; lawyer
149
An ad _______ say it was approved by the Florida Bar.
Cannot
150
An ad cannot use an image, sound, video or dramatization that is designed to appeal to __________ rather than a rational evaluation of a lawyer's suitability to represent the prospective client.
Emotions
151
An ad cannot contain the voice or image of a _______, except that the voice or image of a local announcer, disc jockey or radio personality who regularly records ads are allowed as long as the announcer does not endorse or offer a testimonial on behalf of the lawyer.
Celebrity
152
An ad cannot offer an economic incentive to hire the lawyer. But _____ consultations and discounted fees are permitted in the ad.
Fee
153
Permitted illustrations: Scales of Justice; medications linked to adverse side effects; x-ray of damaged lung; person in _________; person on __________; damaged car; foreclosure sign on house; person in front of stack of bills; gavel; Lady Justice; Statue of Liberty; U.S. flag; Florida flag; eagle; law books; courthouse; columns; diploma; lawyer in front of plain background.
Jail; crutches
154
Illustrations NOT permitted: graphic personal injuries; a crying ________; tricky insurance adjuster
Child
155
Lawyer can be identified as a specialist if __________ by the Florida Bar certification process.
Certified
156
If the ad includes a fee, it must be honored for at least ____ days unless stated otherwise, and must disclose whether client is responsible for expenses.
90
157
Honors which are ____________ are permitted.
Objectively verifiable
158
Also permitted: date of admission; positions in Florida Bar; former employment; _______________; foreign language ability; acceptance of ________; and "common salutary" language such as "best wishes" and "proudly serving our community."
Military service; cards
159
Pre-filing: Any lawyer who advertises in Florida must file with the Florida Bar a copy of each ad at least ____ days prior to the ad's first dissemination. If the Bar does not respond within _____ days, lawyer cannot be disciplined for improper ad. Lawyer can also request advisory opinion for future ads. Pre-filing is not required for brief announcements that identify the lawyer as the sponsor of a charitable event.
20; 15
160
No solicitation for _________ gain.
Financial
| Public interest exception - solicitation by public interest organization permitted because motive is not financial gain.
161
Solicitation includes in person, by ________, fax and e-mail to particular individual.
Telephone
162
Exceptions: family members or ________ client can be solicited.
Former
163
Subject line of e-mails must begin with:
"Legal Advertisement"
164
Direct mail - a letter sent to a person who lawyer _______ needs a lawyer.
Knows
165
Direct mail cannot be sent within ____ days after personal injury or wrongful death.
30
166
Direct letter cannot be sent to person who is already ___________. Must include: "If you have already retained a lawyer for this matter, please disregard this letter."
Represented
167
Direct mail cannot involve coercion or _________ or be false or misleading.
Duress
168
Direct mail cannot be sent a potential client whose physical, __________ or mental state is such that client could not exercise reasonable judgment in employing a lawyer.
Emotional
169
____________ must appear in contrasting print on outside of the envelope and every page.
"Advertisement"
170
Envelope cannot __________ legal problem.
Disclose
171
Letter must include a statement of lawyer's ____________ and ____________.
Qualifications; experience
172
Retainer agreement must be marked "Sample" in ______ ink. "Do not sign" must appear on the signature line.
Red
173
Letter must disclose ______ lawyer learned of problem.
How
174
Letter cannot resemble legal pleadings or other ______________.
Legal documents
175
Letter cannot be sent to respondent of a domestic violence injunction if respondent has not been _________ with the injunction.
Served
176
Letter must state whether the matter will be ________ to another law firm.
Referred
177
These rules apply to communications between lawyers, with current or former _________ or with family members.
Clients
178
__________ has obligation to assure that law firm is in compliance with Rules.
Partner
179
_______________ can be held liable for misconduct of others if supervisor ordered or ratified improper conduct.
Supervising lawyer
180
Liability of associate lawyer for following unethical order:
(1) Following orders _______ a defense.
(2) If ethical issue is __________, following reasonable orders is a defense.
(1) Is not
| (2) ?
181
Grounds for discipline:
(a) violation of any Rules
(b) failure to disclose material information in _____ application
(c) refusal to __________ with investigation
(d) crimes that reflect on ____________ or trustworthiness
(e) conduct involving dishonesty, __________, etc.
(f) willfully failing to pay ________ support
(g) can be disciplined for misconduct __________ to bar admission
(h) involvement in undercover investigation _______ a basis for discipline
(b) Bar
(c) cooperate
(d) honesty
(e) deceit
(f) child
(g) prior
(h) is not
182
Additional grounds for discipline: Sexual conduct with client that _______ or adversely affects the attorney-client relationship. Law firm ______ disqualified if lawyer is screened.
Exploits; not
183
Additional grounds for discipline: Disparagement, humiliation and discrimination of litigant, _______, witness, or other lawyer based on just about everything.
Juror
184
Reporting misconduct:
(a) If information raises a __________ question as to another lawyer's honesty, trustworthiness, or fitness to practice law - must report.
(b) Exception - if information is confidential, cannot report
Substantial
185
Professionalism includes serving _______, enhancing knowledge and ______, promoting _________ and justice, demonstrating ________ and courtesy, and promoting _________ to justice.
Others; skill; fairness; respect; access
186
A license to practice law is a ________ which should be used to promote the ____________ and equal __________.
Privilege; common good; justice
187
Support for judicial candidates should be based on skill, __________, experience, ___________, and temperament.
Knowledge; integrity
188
Fee agreements should be handled with professionalism. Fees should be discussed at the _________ and promptly confirmed in __________. Billing should be on a __________, frequent basis. Fee disputes should be resolved through arbitration.
Outset; writing; regular; arbitration
189
Advertising should promote public _________ in a just and fair legal system.
Confidence
190
Deadlines should not be __________ or unreasonable.
Arbitrary
191
Oppositions to motions should not be ____________.
Unreasonable
192
Be fair in __________, and do not limit an opponent's ability to prepare or ___________.
Scheduling; respond
193
Make a good faith effort to disclose _________ likely to be called, and _________ likely to be offered.
Witnesses; exhibits
194
Cooperate in disclosing the projected ________ of your case.
Duration
195
Avoid distracting behavior including ________________.
Facial expressions
196
Do not make any misstatements or ___________; do not mislead by ___________.
Exaggerations; silence
197
All documents must fairly reflect any ___________ among the parties.
Agreements
198
Make full disclosures to your __________.
Client
199
Seek just, speedy, and __________ determination of every case. Consider _____________.
Inexpensive; ADR
200
Withdraw claims and defenses that have no _________.
Merit
201
Do not use __________ to harass or cause unnecessary expense. Stipulate facts not in ___________.
Discovery; dispute
202
When scheduling, give ample ___________. Select a convenient time and ________ for everyone. Avoid last minute changes.
Notice; place
203
Do not make decisions based on your client's __________ toward the other party, a witness or judge.
Ill-will
204
Give objective advice; do not be __________; consider costs and benefits
Unrealistic
205
Use ______________!
Your common sense!
