PR Flashcards
(40 cards)
When does a fee agreement have to be in writing in California?
When it is reasonably foreseeable the fee would exceed 1000.
An exception occurs if the services are provided in emergency, similar services were provided to the client in the past, the client waves in writing the right to a written fee contract, or the client is a corporation.
May a lawyer provide financial assistance to a client?
MR: only if made in connection with ongoing or expected litigation
CA: no. Any payment of personal or business expenses are forbidden.
However, a lawyer may advance court costs and litigation feeds repayment of which may be contingent on the outcome of the case
What is the rule governing conflicts between a current and former client under model rules?
A lawyer may not represent a client in the same or substantially related matter as a former client.
Their interests may not be materially adverse to each other.
Unless the former client gives informed consent, confirmed in writing
Under model rules, may a lawyer give anything of value for recommending the lawyer?
No, unless he is paying the fees of a legal services plan or approved lawyer referral service
Typically, may a lawyer share fees with a non-lawyer?
No.
Where must a lawyer report misconduct of another lawyer, if she has actual knowledge of misconduct that raises a substantial question of honesty or trustworthiness?
MR only
What type of fee agreement is prohibited in California?
Unconscionable
What is the rule of imputed disqualification?
No lawyer may represent a client when any one of them is disqualified under these rules
When can a lawyer refuse to represent a client appointed by the court?
The lawyer is not competent to present the client.
The representation results in an improper conflict of interest.
Representation would impose an unjust financial burden on the lawyer
When may lawyer share fees with another lawyer?
The client consents in writing.
The total fee is reasonable and not increased due to the fee splitting
In California, does the client have to be the one committing the fraud for attorney-client privilege to break?
No.
In CA, may a lawyer acquire property interests in the cause of action or subject matter of litigation?
Yes. A lien to secure fees is allowed if it complies with the rule regarding business transactions with a client.
Under the California rules, the lawyer must decline representation if he knows or should know:
The client’s objective is to start frivolous claim to harass or injure another.
The claim is not warranted under existing law and cannot be supported by a good-faith argument extend modify or reverse existing law
Under California rules, a lawyer must withdraw when:
He knows that the client is making a claim without probable cause.
He knows that continued representation will lead to a violation of ethical rules.
The lawyer’s mental or physical condition renders effective representation unreasonably difficult.
What is the duty when joining a partnership or corporation?
Lawyer may not form a partnership with the nonlawyer if any of the partnership activities consist of the practice of law
What is the rule regarding threatening criminal charges?
Threatening to preset criminal charges to obtain an advantage in civil suit results in sanctions
What is the difference in MR and California regarding media rights?
MR: Prior to the conclusion of representation, a lawyer may not make an agreement giving the lawyer literary rights based on the representation.
CA: No specific rule. Would be allowed if fully complies with business transactions with clients
A lawyer may not enter into a business transaction with the client, or knowingly acquire an adverse ownership or financial interest unless
The terms are fair and reasonable to the client and disclosed in writing.
The client is advised in writing about, and given a reasonable opportunity to seek independent counsel.
The client gives informed consent and assign writing.
What are conflict rules in California involving current clients?
A lawyer may not represent a client whose interests actually or potentially conflict with another client, unless the lawyer obtains informed written consent from each client
Under the MR, may a lawyer acquire a proprietary interest in the cause of action or subject matter of litigation?
No, except through contingent fees
In California, may a gift or gratuity be offered in consideration for an understanding that the gift was forthcoming, or that referrals would be made or encouraged in the future?
No
What are exceptions to the attorney-client privilege?
Knowing presence of third party.
Use of services for crime/fraud (client is aware of fraud)
Disputes between lawyer and client or co-clients
What is the duty of candor?
Under California rules, the lawyer must not seek to mislead the court by an artist or false statement. The lawyer is restricted to use of means consistent with the truth.
Under model rules, a lawyer must not knowingly make a false statement of fact or law to a tribunal, and must correct the prior false statement of material facts or law.
What must a lawyer do if a criminal defendant wants to enter false testimony?
The lawyer may permit the client to testify and unguided narrative fashion. A lawyer cannot rely upon the clients testimony during the closing argument.
