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19 Cards in this Set
- Front
- Back
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what can paralegals do?
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Phone calls
Draft documents Interview Do legal research Answer with supervision |
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what cannot paralegals do?
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Represent at trial including administrative
Give legal advice Make legal decision Cannot accept cases, fees (set/collect), strategies |
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applicant's burden
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prove moral background. Failure to reply candidly is sufficient cause to not meet the burden in of itself
Rehab proof: demonstrate refrain, demonstrate affirmative action to show not to do that again Five reference letters need to be filed Mandatory personal interview |
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pro hac vice
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Out of state attorney in Maryland, must be a Maryland lawyer of record to appear in court, unless excused by judge
Must state how many time has been admitted in such a process within the past year (no absolute number fixed limit) Applies to Maryland administrative agency court, must go into court prior to administrative agency to seek motion to represent. |
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corporate house council
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focus is work in the corporate headquarter and give legal advice to that legal corporation, Do NOT Have to be a member of Maryland bar
Cannot do other work outside that corporate business. |
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Info about MD legal services
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1) material misleading
2) unjustified expectation 3) states/implies that lawyers can achieve results by means that violate MD lawyers rules 4) needs to be factually substantiated when making comparisons between firms 5) advertisements of favorable rulings/clients testimonials create unjustified expectation, may include language that temper expectation contingency fee: who is liable for expenses must be specified (md rule specific) |
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celebrity rule (MD)
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use celebrity if an actual client of the law firm,
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Firm Names and letterheads
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Needs to be accurate
Trade name may be used—cannot imply connection with government, public/charity legal services May use the name in every jurisdiction, need to indicate jurisdiction limitation. If nothing is said, general admit in all jurisdiction Needs to be regularly practicing with the firm to have name with the law firm |
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dead partner rule
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If dead, the firm can use the name
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levels of disciplinary punishment available
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suspension: 30 days to 5 years
public/private reprimands: impact on malpractice |
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solicitation and advertisement
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aimed at speedy decision. Therefore, the ban on solicitation is a valid ban
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Exception to solicitation
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Person contacted is a lawyer
Family/close personal relationship/prior professional relationship with the lawyer non-profit (ACLU case) |
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lawyer sensitivity
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Lawyer should be aware of the mental state sensitivity/vulnerability. Not able to exercise reasonable judgment
Should not include coercion, duress, or harassment |
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Advertisement in Maryland for lawyer
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Need to include the adverstisment material on the outside of the envelope (recognize intent)
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target letter and advertisement
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when you know the person needs a lawyer – more like advertisment and can be easily ignored
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30 day rule exception in Maryland
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Extend to criminal and driving infractions
Why?: Crime: no choice but to intrude in privacy Right to council – sixth amendment |
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Law practice selling
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Practice is sold as an entirety to another lawyer or law firm
Written notice Proposed sale Terms of any proposed change in the free arrangement (purchasing company must honor prior fee structure → maryland does not do this) Client’s right to retain other counsel, retain file, obtain any funds or other other property → client has the right to stay/move on to new firm, 60 day notice with action needed to change law firm |
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law practice covenant
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none included
When selling- may be applied for negotiations |
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Selling practice and confidential information
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presumed when there is a sale of a law practice, and no objection stated, all confidential information may be read
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