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21 Cards in this Set
- Front
- Back
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Model Rules of Professional Conduct
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a set of ethical rules developed by the American Bar Assct in the 1980's. have been adopted by every state except California
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Confidentiality
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ethical rule prohibiting attorneys & paralegals from disclosing information regarding a client or a client's case
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Attorney-Client Privilege
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rule of evidence that prevents an attorney or paralegal from being compelled to testify about confidential client information
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Attorney work product
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materials prepared by an attorney or paralegal in anticipation of litigation
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Conflict of interest
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ethical rule prohibiting attorneys & paralegals from working for opposing sides in a case
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Concurrent conflict of interest
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simultaneously representing adverse clients
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Succesive conflict of interest
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representing someone who is in a position adverse to a prior client
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potential conflict
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a situation in which a conflict of interest may arise in the future ex- representing business partners
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Vicarious representation
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the rule whereby all members of a law firm are treated as though they had represented the former client
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Ethical wall or screen or cone of silence
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a system developed to shield an attorney or paralegal from a case that would otherwise create a conflict of interest
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Unauthorized practice of law
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when non lawyers do things that only lawyers are allowed to do. In most states this is a crime
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Practice of Law
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an activity that requires professional judgment, or educated ability to relate law to a specific legal problem
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Professional judgment
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the educated ability to apply law to specific facts
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Contingency fee
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attorney compensation as a percentage of the amount recovered rather than a flat amount of money or hourly fee
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Client trust account
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a bank account used to hold money belonging to the client or to a third party
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Reprimand or censure
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a public or private statement that an attorney's conduct violated the code of ethics
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Suspension
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a determination that an attorney may not practice law for a set period of time
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Disbarment
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the revocation of an attorney's license
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Negligence
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the failure to act reasonably under the circumstances
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Legal Malpractice
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the failure of an attorney to act reasonably
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Proving a case within a cause
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the requirement in a legal malpractice case that the plaintiff client prove that but for the attorney's negligence, the client would have won
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