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25 Cards in this Set

  • Front
  • Back
01 Scope of Authority
A client may not direct or regulate the lawyer's professional judgment,

however, a lawyer must abide by a client's decision:

(1) in civil cases - whether to settle
(2) in criminal cases:
i. what plea to enter
ii. whether to waive jury trial
iii. whether the client will testify
02 Organization as a Client
A lawyer must always have the organization's interests in mind. If a lawyer knows that an employee is engaging in activities that:

(1) may be imputed to the organization +
(2) are likely to result in substantial injury to the organization

the lawyer shall proceed as is reasonably necessary in the best interest of the organization, including revealing confidential information, as permitted under the confidentiality rules.
03 Declining Representation
A lawyer must decline representation if he knows that the client wishes to bring a legal action:

(1) merely to harass, OR
(2) the cannot be supported by a good faith legal argument
04 Grounds for Withdrawal
(1) mandatory - if
i. representation will violate the law
ii. the lawyer's physical or mental condition materially impairs the ability to represent
iii. the lawyer is discharged by the client
iv. the client is bringing an action to harass D

(2) permissive - if:
i. the client's course of action is fraudulent
ii. the client used lawyer's services to perpetrate fraud
iii. the client has unreasonably interfered with the lawyer's work
iv. the client wishes to take a course with which the lawyer has a fundamental disagreement
v. the client does not pay fees
vi. the lawyer is unable to work with a co-counsel
vii. the client consents to the withdrawal
05 Procedure for Withdrawal
(1) reasonable notice
(2) delivery of papers to the client
(3) refund of unearned fees
06 Sale of Law Practice
conditions:

(1) the seller stops practicing in that geographic area or practice area
(2) the firm or practice area sold in its entirety
(3) written notice to the clients
(4) no immediate increase in fees as the result
07 Exception to the Work Product Doctrine
The Work Product Doctrine is NOT part of the attorney-client privilege. These materials are discoverable if the party seeking them can show that:

(1) the facts sought can only be found in these materials
(2) the facts are necessary to substantiate a claim
08 Professional Obligation of Confidentiality
Confidential information is the information gained during the representation that is:

(1) protected by the attorney-client privilege
(2) likely to be embarrassing to the client
(3) the client has requested to keep confidential

It does not include generally known information.
09 Disclosure of Confidential Information
(1) the client's authorization:
i. by informed consent
ii. impliedly if in the best interests of the client and reasonable under the circumstances

(2) exceptions - a lawyer may reveal confidential information to the extent necessary:
i. to prevent certain death or substantial bodily harm
ii. to withdraw previous representation reasonably believed by the lawyer to be based on materially inaccurate information used to perpetrate fraud
iii. to secure legal advice about compliance with the law
iv. to defend against charges of wrongful conduct
v. in a fee dispute
10 Duties to Prospective Clients
(1) not to reveal information acquired in consultation
(2) not to represent a client with an interest materially adverse in the same or a substantially similar matter, if the lawyer received information in a consultation unless:
i. the prospective client gives informed consent
ii. the lawyer takes reasonable measures to avoid exposure to more disqualifying information, and is screened out of representation and fees, and written notice is given to the prospective client
iii. a reasonable lawyer would conclude competent consultation can be given
11 Exceptions to Conflict of Interests
(1) the attorney reasonably believes that the representation will not be adversely affected
(2) the client gives a written, informed consent

however, an attorney cannot represent someone suing a current client, even in an unrelated matter!
12 Representing Multiple Parties
(without adverse interests) allowed if:

(1) the attorney can represent them all effectively +
(2) all parties consent

however, the attorney cannot participate in an aggregate settlement or guilty pleas unless each client gives a written, informed consent
13 Business Deals Between an Attorney and Client
always suspect. Appropriate only if:

(1) the terms are fair and reasonable
(2) the terms are disclosed in writing in a manner that the client can reasonably understand
(3) the client is advised in writing to seek the opinion of another attorney and given a reasonable opportunity to find such an attorney
(4) the client must consent to the deal in writing
14 Acquiring an Interest in Litigation
is prohibited. Includes:

(1) prohibition on financial assistance to a client in connection with contemplated or pending litigation, except advancing court costs to the client

(2) prior to completion of representation - prohibition on acquiring literary or media rights to the story

Exceptions:

(1) a reasonable contingency fee in a CIVIL case
(2) a lien to secure the attorney's fees or expenses
15 Sexual Relations with Clients
A lawyer must not:

(1) demand sexual relations as a condition of representation
(2) enter into sexual relations with a client in a domestic relations matter during representation
16 Duties to Former Clients
Unless informed consent in writing is secured, an attorney shall not:

(1) represent a new client in a matter that is materially adverse to a former client if the current matter is substantially related
(2) be adverse to a former client if the attorney acquired confidential information that is material to the current representation
17 Imputed Disqualification
In general, if one attorney in an office is disqualified due to a conflict of interests, all the attorneys in the office are disqualified. The rule does not apply to former government lawyers and judges if:

(1) screened from representation
(2) does not receive any fees from the case
(3) written notice is given to former government agency or tribunal
(4) the former agency or tribunal consents in writing
18 Disqualification Due to Past Role
A lawyer may not accept employment in a matter:

(1) in which he participated personally and substantially as a public officer or public employee
(2) upon the merits in which he has acted as a judge, non-partisan arbitrator, mediator or third-party neutral

The rule of imputed disqualification applies unless the lawyer:
(1) is screened from the case
(2) receives no fee from it
(3) notice is given to the tribunal and opposing counsel
19 Retainer Agreement
must be written and include:

(1) the scope of the services
(2) an explanation of the fees
(3) the right to arbitrate fee disputes

A retainer agreement is not required if the lawyer's services are of the same general kind previously provided to the client.
20 Excessive Fees
A fee must be reasonable. Factors:

(1) the time and skill required
(2) extent that the attorney will be precluded from performing other legal work
(3) the fee customarily charged for similar work in the area of law
(4) the actual amount charged
(5) the experience of the laywer
21 Contingency Fees
must be in writing and in civil cases only. The amount must be reasonable. Prohibited in:

(1) criminal cases
(2) a domestic relation case, if the fee is contingent upon securing a divorce, alimony, or a property settlement
22 Division of Fees Between Lawyers
permissible only if:

(1) the client is advised and consents to the participation of each attorney +
(2) the total fee is reasonable +
(3) the fee is divided proportionately
23 Division of Fees with Non Lawyers
Generally, prohibited. Exceptions:

(1) payments to the estate of deceased attorneys
(2) payments to employees in compensation or pension funds
(3) sharing court-ordered attorney fees with a non-profit organization that employed or recommended the attorney
24 Referrals
giving anything of value for recommending the attorney's services is prohibited. Exceptions:

(1) reasonable costs of advertising or communications
(2) the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service.

An attorney may refer clients to another attorney (or non-lawyer professional) pursuant to an agreement if:

(1) the agreement is not exclusive +
(2) the client is informed of the existence of the agreement
25 Solicitation
in-person solicitation of clients for profit is prohibited (but allowed for pro bono work and by letter). Exceptions:

(1) if there is a prior, professional relationship
(2) from another attorney
(3) family members or close personal friends