Ones I missed in 1st practice set Flashcards
(7 cards)
Lawyer’s duty of candor to tribunal during proceeding
Known false evidence ==> not ok to use
Learning of falsity ==> must take reasonable remedial measures
However, a lawyer should also resolve any doubts about the authenticity of a document in favor of the client.
Evidence believed to b false ==> lawyer may refuse to offer evid lawyer reas believes is false [except criminal defendant’s]
Nonclient’s bad conduct ==> reas remedial measures,
When is a client-lawyer relationship formed?
A client-lawyer relationship is formed when a** client reasonably believes a relationship has been created.**
A client’s belief that a client-lawyer relationship exists is generally reasonable when:
(a) a client communicates to a lawyer an intent that the lawyer provide legal services for the person and
(b) the lawyer fails to show a lack of consent to forming a client-lawyer relationship.
No formal writing, explicit agreement (e.g., representation agreement) or payment of a fee for legal services is required to form a client-lawyer relationship
==> And once a client-lawyer relationship begins, the attorney’s professional obligations and duties are owed to the client.
Duty of Care owed to Non-Clients
A lawyer owes a duty of care to a nonclient when
(1) the** lawyer knows that one of the client’s primary objectives is to benefit the nonclient, **
(2) a** duty to the nonclient will not impair the lawyer’s duties to the client**, and
(3) the absence of a duty to a nonclient would make it unlikely that the lawyer could perform duties owed to the client.
Atty Communicating w Jury
Lawyers are prohibited from engaging in out-of-court communications with jurors before or during a proceeding, regardless of whether the lawyer initiates the communication or intends to influence the juror.
Duty to provide competent representation
A lawyer who lacks the legal knowledge, skill, thoroughness, and preparation reasonably necessary to represent a client is subject to discipline unless the lawyer
(1) declines or withdraws from the representation,
(2) achieves competence by reasonable preparation, or
(3) **associates with other lawyers **of established competence
Name of Law Firm
A law firm’s name can be
(1) the names of all or some of its current members,
(2) the names of deceased members where there has been a succession in the firm’s identity, or
(3) a trade name if it is not false or misleading
Pro Bono
Lawyers are encouraged to render 50 hours of pro bono legal work each year.
However, failure to do so will not subject a lawyer to discipline because this is a voluntary professional responsibility under the Model Rules.
==> a lawyer can decline to rep a potential client pro bono
