Unit 1

Question 1

6th amendment

Answer 1

1. in all criminal prosecutions
2. the accused shall enjoy the right to a speedy and public trial
3. by an impartial jury of the state and district where the crime was committed; the district shall have been previously ascertained by law
4. and to be informed of the nature and cause of the accusation
5. to be confronted by witnesses against him, to have a compulsory process for obtaining witnesses in his favor
6. to have the assistance of counsel for his defense

Question 2

7th amendment

Answer 2

1. in suits at common law, where the value in controversy exceeds $20
2. the right of trial by jury shall be preserved
3. and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States
4. then according to the rules of the common law

Question 3

fundamental principle: confidentiality

Answer 3

confidentiality of information relating to representation

Question 4

AC Privilege law: 24-5-501, 24-9-24, and 24-4-501

Answer 4

covers all conversations with attorneys’ staff even experts and agents that the attorneys hire - anything shared with those people as a part of legal advice

Question 5

attorney-client privilege

Answer 5

work-product doctrine; law of evidence established in professional ethics

Question 6

Duty to maintain confidentiality begins when?

Answer 6

even before formation of the A-C relationship when the client is simply perspective; applies to disclosure made by the client in the course of lawyer-assessing (sans agreement by attorney or payment)

Question 7

Rule 1.6 and Rule 4-102

Answer 7

AC privilege; requirement of maintaining confidence of all information gained in the professional relationship with a client

Question 8

Rule 1.6 (b)(1)

Answer 8

can report information to avoid or prevent harm or substantial financial loss as the result of criminal conduct;
(ii) to prevent serious injury or death not otherwise covered above
(iii) est. a claim or defense on behalf of the lawyer in controversy between the lawyer and the client
(iv) to secure legal advice about the lawyer’s compliance
(v) to. detect or resolve conflicts of interest arising from lawyers’ employment

Question 9

barratry

Answer 9

criminal accountability for disbarred attorneys offering legal advice to clients despite disbarment

Question 10

Only clients may _____ attorney-client privilege

Answer 10

waive; even death does not terminate the relationship

Question 11

Swidler & Berlin v. United States 524 U.S. 399 (1998)

Answer 11

est the principle that attorney-client privilege extends after death

Question 12

In re. Michael Eddings, 314 Ga. 209 (2022)

Answer 12

IF someone is represented by an attorney, AND IF you know this, THEN you as an attorney cannot attempt to contact or get information from that person without their attorney’s permission

Question 13

failure to communicate:

Answer 13

effective communication as an attorney is more about listening and not talking; also understanding the emotions of the client

Question 14

personal rapport

Question 15

communication

Answer 15

a process of
; in face-to-face conversation, communication is 55 percent nonverbal, 38 percent vocal, and 7 percent words, according to researcher Albert Mehrabian

Question 16

active listening

Answer 16

the practice of paying full attention to and absorbing what someone is saying to make the exchange between the listener and speaker productive and fulfilling; It is an attempt to demonstrate unconditional acceptance and unbiased reflection, according to researcher Harry Weger

Question 17

7 active listening techniques

Answer 17

1. focus on the intent and purpose of the conversation
2. pay attention to body language
3. give encouraging verbal cues
4. clarify and paraphrase information
5. ask questions
6. refrain from judgment - remain neutral
7. summarize, share, and reflect - if prompted give your thoughts

Question 18

3 areas of interviewing:

Answer 18

1. planning and preparation
2. know your objectives
3. research your client
4. prepare your questions
5. schedule the interview
   concluding the interview - set aside time to contemplate the initial interview

Question 19

Once the interview begins, 4 important tasks:

Answer 19

1. build rapport
2. demonstrate empathy
3. clarify and probe
4. after the interview write notes

Question 20

What are the 7 lamps of advocacy?

Answer 20

1) honesty 2) courage 3) industry/work 4) wit 5) eloquence 6) judgment 7) professional fellowship

Question 21

The McNaughton Rule:

Answer 21

presumption of sanity unless the defense proved at the time of the crime, the party was under such defect of reason that cannot understand 1) the nature and 2) the quality of the act

Question 22

The DSM-5 does what?

Answer 22

used by clinicians and researchers to diagnose and classify mental disorders

Question 23

Rule from Harper v. State 1982:

Answer 23

evidence based on a scientific principle or technique requires two things: 1) the validity of the techniques and their capability of producing reliable results 2) the person performing the test in an acceptable manner

Question 24

The Daubert Rule:

Answer 24

whether the scientific, technical, or other specialized knowledge will assist the trier of fact to determine a fact at issue, a witness qualified by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise

Question 25

behavioral science:

Answer 25

the study of human and animal behavior

Question 26

mental health:

Answer 26

successful performance of mental functionality

Question 27

Rule from Grace v. Hopper 1978

Answer 27

insanity is an affirmative defense that the accused must prove by a PREPONDERANCE of evidence

Question 28

Rule from Lawrence v. State 1995:

Answer 28

IF at the time the criminal act was committed AND IF the accused could distinguish between right and wrong AND IF he can prove by a preponderance of evidence he suffered from delusional compulsion AND that this overmastered his will to resist committing a crime

Question 29

general partnership:

Answer 29

all partners is referred ti all partners equally

Question 30

LLC partnership:

Answer 30

depends on partnership agreements and are either GENERAL or LIMITED liability

Question 31

LLP:

Answer 31

provides the same pass-through taxation without all of the formality of the corporation

Question 32

Tiegreen v. State 2012:

Answer 32

the defendant alleging incompetence must prove by a preponderance of the evidence that he was not competent to stand trial

Question 33

Rule from Cooper v. Oklahoma 1996:

Answer 33

a def. must have a sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding [preponderance of evidence]

Question 34

Sole proprietorship:

Answer 34

a one-person business that is not registered with the state as a corporation or LLC

Question 35

Common forms of layer costs are divided into three categories:

Answer 35

1. hourly fees 2. flat rate fees 3. contingency fees

Question 36

flat-fee billing:

Answer 36

a specified retainer amount for immigration, patents, wills, trademarks, bankruptcy and uncontested divorces

Question 37

Estimating annual costs includes 3 things:

Answer 37

Salary, business expenses, and profit expectations

Question 38

Attorney's Fees Considerations

Answer 38

1. time and labor, novelty and difficulty of Q's involved 2. the likelihood that acceptance of employment will preclude employ by another attorney 3. fee customarily charged in the locality 4. $ involved + results obtained 5. time limitations imposed by client 6. nature and length of the relationship 7. experience, reputation, and ability of the lawyer(s)

Question 39

A lawyer shall not enter into an arrangement for, charge, or collect:

Answer 39

1) any fee in a domestic relations matter, contingent on securing the dissolution or upon alimony 2) contingency fee for representing someone in a criminal case

Question 40

Rule 4-101:

Answer 40

enforcement of Georgia Rules of Prof Conduct; authorized by the GA SC to hold a special hearing

Question 41

Rule 6.2:

Answer 41

accepting appointments

Question 42

Goal of discovery:

Answer 42

the fair resolution of legal disputes to remove the potential for secrecy and hiding material; to enable the parties to be fully prepared on issues and facts for the trial

Question 43

Discovery is:

Answer 43

1. issue formulation 2. factual revelation

Question 44

Scope of discovery:

Answer 44

much broader than issues of admissability includes all matter relevant to the subject matter (9-11-26(b))

Question 45

It is not grounds for objection (slide 4)

Answer 45

that info sought will be inadmissible at the trial

Question 46

Georgia does not follow the Fed Rule limitation of _____ for the time taking of a deposition.

Answer 46

one seven-hour day

Question 47

Depositions are often the first time you have:

Answer 47

a first impression of the defense

Question 48

Why are admonitions done?

Answer 48

wiser to use them as a sword, rather than a shield; to prevent striking or misunderstandings at trial over lack of clarity

Question 49

What kinds of objections are appropriate to raise in deposition?

Answer 49

vague, compound, lacks foundation objections, must be made in depos or are WAIVED OR privacy or privilege

Question 50

Stewart v. Colonial Western CL rule:

Answer 50

the only objections that can be made when you instruct a witness NOT to answer on privacy or privilege

Question 51

challenge for cause