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Flashcards in FL Professional Resonsibility Deck (206)
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1

The __________ practice or area of practice may be sold to ___________ purchasers.

Entire; different

2

The purchaser must be ___________ to practice law in Florida.

Authorized

3

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.

Notice; 30

4

The purchaser cannot _________ the fee.

Increase

5

A Lawyer can only practice in state where ___________.

Admitted

6

Lawyer not licensed in Florida cannot __________ to provide legal services in Florida.

Advertise

7

A lawyer not admitted in Florida cannot ______________ in Florida or hold out to the public that the lawyer is admitted in Florida.

Open an office

8

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.

Federal; tax; any

9

Pro hac vice - Must file a motion with ____________ asking permission to appear in that case.

The court

10

More than ___ appearances within ______ day period is presumed to be general practice of law and thus ineligible for admission pro hac vice.

3; 365

11

Inactive, __________ and former members of Florida Bar not eligible for admission pro hac vice.

Suspended

12

Florida _________ is not eligible for pro hac vice unless application for admission to the Florida bar has been filed.

Resident

13

Lawyer cannot assist another to engage in _______________.

Unauthorized practice of law

14

Lawyer must _________ non-lawyer staff. Florida uses phrase "specifically delegated" work.

Supervise

15

Lawyer cannot accept employment by _________ group the purpose of which is to ___________ non-lawyers.

Non-lawyer; supervise

16

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.

Disbarred

17

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.

Temporary;
(a) actively participates;
(b) related;
(c) resides;
(d) lawyer's practice

18

Restrictive covenants __________ permitted for lawyers.

Are not

19

Pro bono:

(1) Not required - only aspirational (20 hours per year or $350 donation);
(2) Reporting of pro bono hours is required

20

No false, __________, or misleading firm names.

Deceptive

21

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) deception
(b) government

22

Law firm name CAN include "Legal Clinic" or "Legal Services" if law firm's practice devoted to routine legal services at __________ rates.

Reduced

23

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.

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