Misc. Duties to Clients Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

ABA Duty of Competency

A

Acting with legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

CAL Duty of Competence

A

Act with knowledge, skill, thoroughness as well as with mental physical and emotional ability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

L Concern as to Competence

A

Either (1) learn issue, or (2) consult with competent L *absent emergency situation *

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Duty of Diligence ABA vs. CA

A

ABA: Reasonable diligence and promptness
CAL: Duty to not act with intentional, reckless, repeated, or grossly negligence lack of diligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Duty to Communicate

A

L must:
1. Explain Matters to allow C to make informed decision
2. Promptly inform Clients of all significant developments
3. Promptly Respond to Client (CA okay to delay if to prevent harm to another)
4. CA:: Must disclose lack of liability insurance if >4 hours service

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Duty to Communicate

A

L must:
1. Explain Matters to allow C to make informed decision
2. Promptly inform Clients of all significant developments
3. Promptly Respond to Client (CA okay to delay if to prevent harm to another)
4. CA:: Must disclose lack of liability insurance if >4 hours service

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Decisionmaking Roles of L and Client

A

L decides legal strategy
C decides substantive issues absent clear and specific authorization:
1. Pleas
2. Offers
3. Settlements
4. Jury Trial Issues

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Safekeeping Money

A

Place into Client Trust Account Seperate from Firm’s Operating

Account for 5 years

Do not take out until earned

Interest goes to client (or pooled in IOLTA account to earn interest)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Safekeeping Advanced Payments

A

ABA: Keep in Client Trust Account and Withdraw as Earned
CA: May keep in operating acct. if client consents in writing and is givne notice of rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Safekeeping Physical Property

A
  1. Keep in Safe Place
    2.Identify and Label
    3.Promptly notify C
    4.Promptly Deliver
  2. Keep Records for 5 Years
How well did you know this?
1
Not at all
2
3
4
5
Perfectly