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18 Cards in this Set

  • Front
  • Back
Criminal Client Testimony
Under the ABA Rules, where the lawyer knows that her client has, or is about to, testify falsely in his own defense, she must try to persuade the client not to testify falsely, and if that fails, the lawyer should seek to withdraw. If withdrawal will no remedy the situation, the lawyer should disclose the matter to the court. California case law requires the lawyer to try to persuade the client not to testify falsely, and if that fails, the defense lawyer may (not must) seek the court's permission to withdraw. However, if the court refuses to permit withdrawal, the lawyer must proceed with the case. The lawyer may allow the perjurious client to testify in a narrative fashion.
Unauthorized Practice of Law
A lawyer must not assist the unauthorized practice of law, which is defined as doing things that call for the professional judgment of a lawyer.
Direct-Mail Solicitation
Absent actual knowledge that the prospective client does not wish to receive communications from the lawyer, a lawyer is not prohibited from sending truthful, non-deceptive letters to persons known to face a specific legal problem.
Communications to Those in a Compromised Physical or Mental State
In California, communications that are delivered to a potential client in a time of physical or mental stress, or that are delivered at an accident scene, hospital, or health care center are presumed to be false and misleading unless the lawyer can prove otherwise.
Financial Assistance to Clients
Both the ABA Code and Model Rules prohibit rendering financial assistance to a client in the context of contemplated or pending litigation, although the lawyer may advance court costs and litigation expenses. California law permits loans to the client, so long as the client promises to repay the lawyer for the loan in writing.
Lawyer's Duty of Diligence
An attorney must act on behalf of a client with reasonable diligence and promptness and must see the matter through to completion.
Cutting Off Services
A lawyer should not make a fee agreement that could result in curtailing services in the middle of the relationship.
Permissive Withdrawal
An attorney may withdraw for representation, if it can be done without material harm to the client.
Proprietary Interest in the Cause of Action
A lawyer must not have a proprietary interest in the cause of action or subject of litigation.
Fee Must Be Reasonable
An attorney's fee must be reasonable taking into account the attorney's skill and difficulty of the case. Unconscionable fees are prohibited
Contingency Fees in Domestic Relations Cases
ABA prohibits contingency fees in domestic relations cases, but the California Rules only bars contingency fees if the agreement encourages the breakup of a savable marriage.
Attorney's Duties Concerning Withdrawal
An attorney who withdraws must return all papers and property to which the client is entitled, and cannot refuse to return the client's file to compel the client to ay outstanding fees.
Contracting to Limit Malpractice Liability
An attorney is subject to discipline for attempting to avoid or limit malpractice liability to a client.
Settling Malpractice Claims
A lawyer must not settle a malpractice claim with an unrepresented client without first advising that person, in writing, to seek advise from an independent lawyer about the settlement.
Conflicts of Interest/Former Clients
The attorney has a continuing obligation to preserve information gained in confidence during the representation.
Opposing a Former Client
When a former client has imparted confidential information, the lawyer must not then oppose the former client in any matter in which the confidential information would be relevant. The California Rules require written consent of the client after full disclosure of the conflict.
Conflict of Interest
A lawyer must not represent a client if to do so would adversely affect the interest of another client unless the lawyer reasonably believes the representation will not adversely affect the relationship with the other client and each client consents after consultation.
Attorney-Client Privilege
The attorney-client privilege is an exclusionary rule of evidence law. The a/c privilege prohibits a court or other government tribunal from compelling the revelation of confidential communications between an attorney and his client.