Professional Responsibility Flashcards Preview

Themis > Professional Responsibility > Flashcards

Flashcards in Professional Responsibility Deck (18)
Loading flashcards...

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?

7 years


Confidential info

1) privileged
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
3) withdraw.


Malpractice liability

MAY NOT prospectively limit.

If settled, must advise client in writing to seek independent counsel.


Frivolous claims

1) no good faith argument
2) sole purpose to harass or delay


False evidence

may NOT knowingly offer false evidence.

MAY refuse to offer evidence he reasonable believes is false.


Trial publicity

"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.


Reporting misconduct

"substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer."


Prohibited associations with non-lawers

NO partnerships with non-lawyers.

Non-lawyers may NOT:
1) own interest in firm
2) be director or officer of the firm.
3) have right to control professional judgment of the firm.