Pr Checklists Flashcards
1
Q
Conflict of interest
A
- Concurrent conflict of interest
a. Between current clients
b. Between current client and another
c. Exception to concurrent conflicts of interest (ABA only)
d. Exception to conflicts of interest (California rules) - No aggregate settlements
- Insurance (California rule)
- Business transactions
- Former government employee
- Solicitation of gifts
- Proprietary interest
- Advances to client
- Compensation from third parties
- Organizational client
- No limiting malpractice liability
2
Q
Fees
A
- Reasonable fees (ABA only)
- California rule
- Fee agreements must state
- California rule: fee agreements over $1,000
- Arbitration
- Contingency fee agreements
- Division of fees between lawyers
- No sharing fees with non- lawyers
- No “finder’s fee”
- Reciprocal referral agreement
3
Q
Withdrawal
A
- Mandatory withdrawal
- Permissive withdrawal
- Duty to client upon permissive withdrawal
4
Q
II.PROFESSIONAL INTEGRITY
A
A.Advertising/solicitation B.Duty of fairness C.Unauthorized practice of law/liability for others D.Duty to report ethical violations E.Duty to the public/profession
5
Q
Advertising/solicitation
A
- Truth required
- Advertising allowed
- No direct solicitation
- Specialists
6
Q
Duty of fairness
A
- Represented parties
- Duty of fairness to the court
- Duty of fairness to opposing counsel
- Duty of decorum to the tribunal
- Duty not to suppress evidence
- Extrajudicial statements
- Prosecutors
7
Q
Unauthorized practice of law/liability for others
A
- No practice with a non- lawyer
2. Responsible for ratification and supervised lawyers
8
Q
Duty to the public/profession
A
- No criminal conduct
- No frivolous claims
- No harassing
- No threats
9
Q
I.LAWYER- CLIENT RELATIONSHIP
A
A.Duty of loyalty B.Conflict of interest C.Imputed disqualification D.Lawyer terminates firm E.Duty to communicate F.Scope of representation G.Duty of confidentiality H.Attorney- client privilege I.Fees J.Duties of competence/care K.Duty of diligence L.Safekeeping property M.Sexual relations with clients N.Withdrawal
10
Q
Starter Rule
A
Attorneys owe their clients the duties of confidentiality, loyalty, fiduciary responsibility, and competence. They owe the public and the courts the duties of candor and truthfulness, fairness, and the obligation to uphold the dignity and decorum of the legal profession.
11
Q
Duty to client issue checklist
A
Loyalty-CDS
C-APIL
Confidentiality-ACP
Fees
Competence-DSSW
