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Flashcards in Professional Responsibility Deck (17)
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1

Offers that must be communicated to client

1. Settlement offers (absent prior agmt)
2. Plea bargains

2

Grounds for mandatory withdrawal

1. Violation of PR rules
2. Harassment
3. Atty impairment
4. Discharge

3

Payment when fired

1. Atty deserves payment unless fired for cause

4

Permissive withdrawal

1. Reasonable believe that C is pursuing fraud/crime
2. Services were used in C's fraud/crime
3. C's action is repugnant
4. Unreasonable burden (bad deal not enuf)
5. C fails to pay
6. Good cause

5

Atty lien

You can withhold C's property if you are owed a fee --> but can't harm C

6

Reasonable rate factors

1. Time
2. Novelty
3. Amount in controversy
4. Nature of relationship
5. Precluding other employment

7

When are fee agmts required to be in writing

1. Marital matters
2. Fees greater than 3K

8

No contingent fees in . . .

domestic matters and criminal cases

9

Biz tranz and taking a security interest in C property

1. Writing
2. Fair and reasonable
3. Advice C in writing re: outside counsel
4. C signs w/ informed consent

10

Confidentiality includes:

1. A-C privilege
2. Embarrassing or detrimental
3. Requested to be confidential

11

Waivable conflicts

1. Informed consent in writing
2. A must reasonably believe that representation will not be adversely affected
3. All affected Cs must waive

12

Special conflicts

1. Related lawyers can't oppose one another
2. No sex in domestic rel matters or w/ control group
3. Ls can't be Ws

13

Former Cs irrebuttable presumption of conflict

1. related to prior matter?
2. Could A learn valuable info?
3. Info useful in current litigation?

If YES to each ---> NO GO

14

Imputed disqualification

Cootie rule generally governs unless:
1. informed consent in writing
2. Conflict is personal in nature (sex)

15

Limit malpractice?

VOID

16

Real time solicitation

Direct contact to solicit biz is prohibited but volunteer OK

17

Squeal rule

actual K is required