MPRE Flashcards
(54 cards)
1
Q
Client-Lawyer Relationship has how many rules and what are the numbers?
A
There are 18 rules number 1.1 through 1.18
2
Q
Client-Lawyer Relationship has how many rules and what are the numbers?
A
There are 18 rules number 1.1 through 1.18
3
Q
What is the heading for Rule 1.1?
A
Competence
4
Q
What is the heading for Rule 1.2?
A
Scope of Representation and Allocation of Authority between Client and Lawyer
5
Q
What is the heading for Rule 1.3?
A
Diligence
6
Q
What is the heading for Rule 1.4?
A
Communication
7
Q
What is the heading for Rule 1.5?
A
Fees
8
Q
What is the heading for Rule 1.6?
A
Confidentiality of Information
9
Q
What is the heading for Rule 1.7?
A
Conflict of Interest: Current Clients
10
Q
What is the heading for Rule 1.8?
A
Conflict of Interest: Current Clients: Specific Rules
11
Q
What is the heading for Rule 1.9?
A
Duties to former Clients.
12
Q
What is the heading for Rule 1.10?
A
Imputation of Conflicts of Interests: General Rule
13
Q
What is the heading for Rule 1.11?
A
Special Conflicts of Interest for Former and Current Government Officers and Employees
14
Q
What is the heading for Rule 1.12?
A
Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
15
Q
What is the heading for Rule 1.13?
A
Organization as a Client
16
Q
What is the heading for Rule 1.14?
A
Client with Diminished Capacity
17
Q
What is the heading for Rule 1.15?
A
Safekeeping Property
18
Q
What is the heading for Rule 1.16?
A
Declining or Terminating Representation
19
Q
What is the heading for Rule 1.17?
A
Sale of Law Firm
20
Q
What is the heading for Rule 1.18?
A
Duties to Prospective Clients
21
Q
What is Rule 1.1: Competence
A
A lawyer SHALL provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation REASONABLY necessary for the representation.
22
Q
What is Rule 1.2: Scope of Representation and Allocation of Authority between Client and Lawyer Part A (there are four sentences)
A
a. Subject to paragraphs (c) and (d), a lawyer SHALL abide by a client’s decisions concerning the objectives of representation and, as required by Rule 1.4, SHALL CONSULT with the client as to the means by which they are to be pursued. A lawyer MAY take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer SHALL abide by a client’s decision whether to settle a matter. In a criminal case, the lawyer SHALL abide by a client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trail and whether the client will testify.
23
Q
What is Rule 1.2: Scope of Representation and Allocation of Authority between Client and Lawyer Part B
A
b. A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.
24
Q
What is Rule 1.2: Scope of Representation and Allocation of Authority between Client and Lawyer Part C
A
A lawyer MAY limit the scope of the representation if the limitation is REASONABLE under the circumstances and the client gives INFORMED CONSENT.
25
What is Rule 1.2: Scope of Representation and Allocation of Authority between Client and Lawyer Part D
A lawyer SHALL NOT counsel a client to engage, or assist a client, in conduct that the lawyer KNOWS is criminal or FRAUDULENT, but a lawyer MAY discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or applicaltion of the law.
26
What is Rule 1.3: Diligence
A lawyer shall act with reasonable diligence and promptness in representing a client.
27
What is Rule 1.4: Communication Part A.1.
A lawyer shall promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e) , is required by these rules.
28
What is Rule 1.4: Communication Part A.2.
A lawyer shall reasonably consult with the client about the means by which the client's objectives are to be accomplished.
29
What is Rule 1.4: Communication Part A.3.
A lawyer shall keep the client reasonably informed about the status of the matter.
30
What is Rule 1.4: Communication Part A.4
A lawyer shall promptly comply with reasonable requests for information.
31
What is Rule 1.4: Communication Part A.5
A lawyer shall consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
32
What is Rule 1.4: Communication Part B
A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
33
What is Rule 1.5: Fees Part A
A lawyer shall not make an agreement for, charge or collect an unreasonable fee or an unreasonable amount for expenses.
34
What are the Factors to be considered in a reasonable fee?
1. The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; 2. The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; 3. The fee customarily charged in the locality for similar legal services; 4. the amount involved and the results obtained; 5. the time limitations imposed by the client or by the circumstances; 6. the nature and length of the professional relationship with the client; 7. the experience, reputation, and ability of the lawyer or lawyers performing the services; and 8. whether the fee is fixed or contingent.
35
What is Rule 1.5: Fees Part B
The scope of representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any change in the basis or rate of the fee or expense shall also be communicated to the client.
36
What is Rule 1.5: Fees Part C
A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of the determination.
37
What is Rule 1.5: Fees Part D
A lawyer shall not enter into an arrangement for, charge, or collect: 1. any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or 2. a contingent fee for representing a defendant in a criminal case.
38
What is Rule 1.5: Fees Part E
A division of a fee between lawyers who are not in the same firm may be made only if: 1. the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation; 2. the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and 3. the total fee is reasonable.
39
What is Rule 1.6: Confidentiality of Information Part A
A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph b.
40
What is Rule 1.6: Confidentiality of Information Part B (6)
A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonable believes necessary: 1. to prevent reasonably certain death or substantial bodily harm; 2. to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services; 3. to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of crime or fraud in furtherance of which the client has used the lawyer's services; 4. to secure legal advice about the lawyer's compliance with these Rules; 5. to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client; or 6. to comply with other law or a court order.
41
What is Rule 1.7: Conflict of Interest: Current Clients Part A
Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: 1. the representation of one client will be directly adverse to another client; or 2. there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
42
What is Rule 1.7: Conflict of Interest: Current Clients Part B
Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: 1. the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; 2. the representation is not prohibited by law; 3. the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and 4. each affected client gives informed consent, confirmed in writing.
43
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part A
A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: 1. the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client; 2. the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and 3. the client give informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in the transaction.
44
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part B
A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these Rules.
45
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part C
A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer of a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purpose of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship.
46
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part D
Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.
47
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part E
A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: 1. a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and 2. a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client.
48
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part F
A lawyer shall not accept compensation for representing a client from one other than the client unless: 1. the client gives informed consent; 2. there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and 3. information relating to representation of a client is protected as required by Rule 1.6.
49
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part G
A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client. The lawyer's disclosure shall include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement.
50
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part H
A lawyer shall not: 1. make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless the client is independently represented in making the arrangement; or 2. settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel in connection therewith.
51
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part I
A lawyer shall not acquire a proprietary interest in the cause of action for subject matter of litigation the lawyer is conducting for a client, except that the lawyer may: 1. acquire a lien authorized by law to secure the lawyer's fee or expenses; and 2. contract with a client for a reasonable contingent fee in a civil case.
52
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part J
A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.
53
What is Rule 1.8: Conflict of Interest: Current Clients: Specific Rules Part K
While lawyers are associated in a firm, a prohibition in the foregoing paragraphs (a) through (I) that applies to any one of them shall apply to all of them.
54
What is Rule 1.9: Duties to Former Clients Part A
A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the
