Flashcards in Professional Responsibility Deck (18)
Writing requirements for contingent fee greater than $3k.
1) percentage to lawyer
2) expenses that will be deducted
3) whether deducted before or after percentage taken.
4) expenses for which client will be liable regardless of failure or success.
Fee splitting OK if:
1) proportional to services rendered
2) in writing, after full disclosure
3) not excessive
How long to keep records?
2) likely to be embarrassing or detrimental
3) client request
When conflict of interest is okay
1) reasonably believes he can provide competent and diligent representation
2) not prohibited by law
3) informed consent, in writing
4) not part of same proceeding before same tribunal.
government lawyer conflict of interest
"personally and substantially" contributed = no good, UNLESS informed consent by agency.
Payments from third parties
not acceptable UNLESS:
1) client informed consent
2) no interference with professional judgment
3) confidentiality is preserved.
If lawyer not competent, MUST
1) get competent
2) get competent co-counsel
MAY NOT prospectively limit.
If settled, must advise client in writing to seek independent counsel.
1) no good faith argument
2) sole purpose to harass or delay
may NOT knowingly offer false evidence.
MAY refuse to offer evidence he reasonable believes is false.
"substantial likelihood of materially prejudicing" the trial.
lawyer advertisements may NOT contain
1) undisclosed paid endorsements
2) portray fictitious law firm
3) undisclosed use of actors
4) resemble legal documents.
may NOT advertise ability to advance costs to indigent defendants.
What must every advertisement include?
"Prior results do not guarantee a similar oucomes."
Exceptions to solicitation filing requirements
1) friend, relative, or former or existing client.
2) non-targeted website.
3) business cards.
Liability of supervisors
1) orders the misconduct
2) ratifies with specific knowledge
3) knows about it while consequences can still be avoided but no remedial action.
For law firms: reasonable measrues in place to ensure lawyers conform to RPC.
"substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer."