Newnee Pr Flashcards by G. R.

Compensation from 3rd party

ABA
1. informed consent (CA- informed written disclosure + written consent)
2 no interference with judgment
3. no confidential info

emergency consent could be later

CA also adds no disclosure and consent needed if court order or rendering legal services on behalf of a public agency/nonprofit

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acquiring proprietary interest in litigation (not media rights)- ABA ONLY

Litigation only —– must not acquire proprietary interest in COA/subject matter of litigation except the lawyer may

1) acquire a lien authorized by law for fees and
2) contract with a client for reasonable contingent fee in a civil case

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if proprietary interest in nonlitigation

normal business

FDOC

Fair terms
Disclosure written of nature and role of the lawyer
Outside counsel- written advice to
Consent, written signed

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CA rule for literary media rights and proprietary interest

all just normal business

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foreclosure sale in CA only

must comply with CA probate code code

lawyer must not purchase with whom the lawyer is personally or professionally related

represent a seller the purchaser is a spouse or relative of lawyer/employee at lawfirm

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COI new firm

SCREENING
1. screened off properly
2. no fee sharing
3. former client given notice

CA- still cant if substantially participated in the same or substantially related matter at prior firm
***but can be waived by the former client in WRITING

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prospective client imputation

other lawyers at firm may repreent a current client against the prospective client without consent if

disqualified lawyer avoided exposure to more confidential info
screened off and will not share fees
written notice to prospective client

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to gov work

must not participate if personally and substantially while in private practice unless gov gives informed consent confirmed in writing

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prior personal and substantially as a judge, law clerk, or third party neutral

all parties to a proceeding must give informed consent confirmed in writing

or
imputation to others may be cured if screened off no sharing fee and written notice to all parties

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CA rule for prior role at mediator or settlement judge

imputation cannot be cured

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role as an evaluator- ABA only

no CA counter part

if the evaluation will materially harm the client, lawyer must obtain informed consent before making the valuation

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retainer

CA only- if true retainer, client must agree in writing after disclosure that they will not receive any refund

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contingent fee is limited in CA for

medical malpractice case

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CA -contingency disclosure

lawyers percentage is not set by the law and
client will be charged for work not covered by the contingency

(client may void the k for the failure of this and recover reasonable fee for services rendered)

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safekeepting and delivery ca rule

absent good cause, client or third party must be notified within 14 days of receipt of fund or property

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CA disputed fund

must be returned promptly. if not in 34 days, rebuttable presumption of violation of the rules

lawyer may share legal fees with nonlaywers

non lawyer employees
death benefits
buying a practice of a deceased lawyer

CA+ nonprofit organization:
1. 501 tax exempt
2. org and lawyer written agreement
3. client written disclosure, consent in writing
4. total fee not increased bc of it

duty of candor to the tribunal

correct material false statement
disclosing facts in ex parte
disclosing harmful authority

CA- cant knowingly misquote

knowledge of false evidence

must not offer

reasonable belief of falsity

may refuse to offer

remedial measures

urge client to cooperate
if not, withdraw
tell the judge
(you cant tel the judge

criminal defendant= false testimony and you know

persuade
withdraw
tell the judge

CA- narrative form after trying to dissuade and failed to get permission to withdraw

CA special rule for communicatin with juror

lawyer in case- cannot communicate directly or indirectly for ANY subject
lawyer not in case- not about the trial if you know they are a juror
3.includes families
no investigation in a manner to influence

even excused ones

no suppressing evidence
Advising one to hide or flee

adising person not to give info

may advise family of client or agent of client, or client, if in the best interest not to give info CA- no counter part

prosecutor diff

aba-not subpoena a a lawyer about a client unless p reasonably beleives it sn not priviledged, essential, and no feasible alternative

unrepresented person

1. im not disinterested 2. correct them if they think so 3. no legal advice ca+ dont try to get privileged matter

heavy-handed tactics

ABA- must not use means that have no substantial purpose other than embarrass, delay, or burden a third person( CA did not adopt this rule bc would not be interpreted in a consistent matter)

no false or misleading statement

unfounded conclusion, achievements that leads to unreasonable expectation, unsubstantiatied comparison, disclaimer good CA= language, no fee without recovery must be whether or not includes any costs

CA business and professions code

no gaurantee of outcome, quick cash or settlement, impersonation, dramatization, contingent fee that does not warn of litigation costs if loses

every communication about a lawyer must include

name and contact information

solicitation is a targeted communication live solicitation is not allowed exceptions

other lawyers family or prior professional relationship to lawyer regular use of tht service CA- does not count the last one

CA solicitation must say AD unless

lawyer or its apparent

civ pro- relating back doctrine for a new claim v. for a new defendent

if arises from same T/O or SOL allows it SOL allows it or due to mistaken identity [1. same t/o 2. new party receives notice of suit ithin 90 days of original filing and 3. new party knew or shouldve known they would be sued (mistake of the identity)]

undue influence factors

unfairness of resulting bargain, unavailability of independent advice, susceptibility of the assenting party

irrevocable offers remedy for promissory estoppel

if no valid contract --> reliance damages if valid contract --> expectation damages