PR Essay's Flashcards
Important to always remember
1) Duty to Report Violation
2) Duty to the Profession
PR
Basic Essay Approach
1) Lawyer has a duty of _____________ to __________.
2) Duties to client(s): “Clients Love Fierce Counsel”
a. Confidentiality
b. Loyalty
c. Fiduciary Responsibility
d. Competence + other common sense duties
3) Duties to others: “Courts Feel Differently”
a. Candor/Truthfulness
b. Fairness
c. Dignity + the reasonably things
Time, Place and Manner Restrictions Applying to Advertising
1) Must be labeled as “advertisement”
2) Must file with the State Bar and maintain a copy
3) Must name attorney or firm responsible for the content
4) Cannot predict success or make unverifiable claims
5) Special restrictions for Radio and TV
6) Testimonials and endorsements prohibited
7) Can certify specialty - organization name (if conditions are met)
8) Lawyers Biographical Data forms available upon request
9) Term “Specialist” prohibited, “limited Practice” claims allowed.
What is the Attorney Client Privilege when dealing with a Corporation?
Generally, a client can refuse to testify and can prevent his attorney from testifying in court about communication between the two.
- If the client a Corporation the priviliedge covers communication between the attorney and high ranking corporate officials
- it covers other employees as well, if the communication concerns a subject withint the scope of employee’s employment
Duty of Obedience
A lawyer must be abide by a client’s direction concerning the representation, unless it would violate the rules of professional responsibility.
Financial Assistance to Client
A lawyer may not provide financial assistance to a client in connection with pending litigation Except:
- that a lawyer may advance court costs or expenses of litigation the repayment of which may be contingent on the outcome of the matter.
PR
Before Revealing Confidential Information
THe lawyer should initially try to convince the client to correct the act in question before revealing confidential information
Advertisement
Claiming Certification
Nevada now allows a lawyer to hold himself out as a “specialist” provided he is currently certified by an organization approved by the ABA or State Br board of governors and the name of the certified organization appears in the advertisement .
Duty to Avoid False or Misleading Claims
A lawyer must not make a false or misleading communication about his services.
* communication is misleading if it reports the lawyer achievements in a way that creates an unjustifiable expectation = “I am the best”
- superiority of services is not a quality that is capable of measuring or revivification
PR
Separation of Funds
An attorney owes a duty to separate and earmark a clients money and keep it in an interest bearing account.
* moreover, an attorney may not take money from a client’s unearned fees.
PR: Competence
Review
Competence includes review of legal documents before filing them with the court.
Duty of Condor
Frivolous Claims
A lawyer has a duty not to file frivolous claims.
- Is a claim where the lawyer has good faith belief in its validity
PR
Duty to supervise Non-lawyers assitance
A lawyer has a duty to supervise the work of a non-lawyer employee to asses they are educated on ethical rules and that no ethical violations take place.
- a lawyer is responsible for any violation by an employee if the lawyer orders or w/ knowledge of specific conduct, ratifies conduct.
Discharged Attorney (Contingent Fee)
If a client discharges an attorney hired on contingency, the attorney is usually entitled to reasonably value of service and performance up to the time client discharged him.
- However, the attorney’s claim does not come to contingent has come to pass.
Termination of Lawyer
IF client discharges he attorney, the attorney must withdraw.
* When a Lawyer is discharged, they must return property and unspent fees and all papers and property.
