Rules to memorize Flashcards
When are contingency cases prohibited?
Crim cases and family matters
Requirements for a valid contingent-fee agreement?
Reasonable, written agreement with:
- client signature
- calculation methodology of fee & - deducted expenses (TIMING)
- expenses that client is responsible regardless of outcome
At end of matter, written statement showing outcome & method of determining client’s recovery
When are modification of fee agreements enforceable?
If it is reasonable and there’s unanticipated circumstances
Rules for ex parte proceedings
In an ex parte proceeding, a lawyer must inform tribunal of all material facts known to lawyer that will enable the tribunal to make an informed decision—even if facts are adverse to the client.
Steps if lawyer gets property on behalf of a client & a 3P has a lawful claim to property
lawyer must promptly:
(1) notify client and 3P of receipt of property
(2) distribute undisputed property, and
(3) at client’s or 3P’s request, render a full accounting regarding property.
Prosecutorial duty to disclose for new, credible evidence
Prosecutors must disclose new, credible evidence creating a reasonable likelihood that a convicted D didn’t commit his offense.
If conviction occurred in prosecutor’s jurisdiction AND the new evidence is clear and convincing, prosecutor must also seek to remedy conviction.
When must a prosecutor seek to remedy a conviction
if new exculpatory evidence is CLEAR and CONVINCING
Can attorneys deposit all client funds into a general client trust account?
YES attorneys cam deposit all client funds into a GENERAL client trust account.
Is an attorney’s selection or compilation of docs protected by the work product doctrine?
YES an attorney’s selection or compilation of docs constitutes an attorney’s opinion work product, even if each document in the selected compilation is itself discoverable
Does the fee for partners in the same firm need to be proportional to the amount of work they do?
Nope! Partners in the same firm, are not required to assume joint responsibility for representation and the fee doesn’t need to be proportional to each partner’s services
Can an attorney make untrue statements during negotiation if it’s in her client’s best interest?
NO- No lawyer may knowingly make a false statement of material fact or law, regardless of if the untrue statements would be in client’s best interest. But lawyer can engage in puffery or omit facts
A lawyer generally cannot deposit his own $ into a client trust account—EXCEPT
o pay the trust account’s bank service charges when they become due. As a result, the attorney was permitted to deposit $250 of his own money into the client trust account to cover the account’s bank service charges.
attorney-judgment rule
, an attorney’s mere errors in judgment are generally not grounds for civil liability for malpractice based on a theory of negligence if he/she acted in good faith and exercised reasonable care, skill, and diligence.
When would lawyer forfeit right to recover unpaid legal fees from a client?
if the lawyer is discharged due to a serious and clear violation of a duty owed to client.
Can judges practice law?
A full-time judge is generally PROHIBITED from practicing law to prevent a risk of conflict with judicial obligations.
Exceptions:
- serve as a fiduciary for estate, trust, or member of judge’s family
- mediator or arbitrator if expressly authorized by law
- acting pro se
- give legal advice, draft or review legal docs for a member of judge’s family without compensation.
