Ethics

Front 1

executive branch

Back 1

part of government which has responsibility of carryingout laws of land andd which has certain powers over the legislative part of government

Pres of U. S. part of

Front 2

judicial branch

Back 2

government consisting of judgeas, courts, attorneys which determine wheter or not laws of land violated

supreme court part of.

Front 3

bar exam

Back 3

passing the bar exam proves that person desiring to be a lawyer has sufficient knowledge to practice law

Front 4

moral character

Back 4

overall dispositions or habits with regards to moral or immoral behavior

Front 5

ethical standards

Back 5

- duty to clients
- duty to court
- duty to avoid misconduct in general

Front 6

legislative branch

Back 6

part of government which makes law of land - congress is part of.

Front 7

disbarment

Back 7

most serious punishment - revocation of lawyers license to practice law

Front 8

licensure

Back 8

practive of regulationg a profession by some branch of government

Front 9

certification

Back 9

granted when someone recognized to have sucessfully completed a course of training or passed exam that demonstrates knowlege of a particular field

Front 10

second chair duties

Back 10

1. taking notes
2. helping attorney with exhibits and evidence
3.handling other details related to court appearance or deposition

Front 11

specific unauthorized practice of law issues

Back 11

paralegals can't do following:
- accept cases
- set fees
- court appearances and depositions
- drafting pleadings
- give legal advice
- supervise will execution
- attend real estate closings
- settle personal injury claims
- work done by collection agency

Front 12

exceptions to client confidetiality

Back 12

-consent
-implied authority
-disputes concerning atty conduct or fee
- intent to commit future crime
-court ordered disclosure

Front 13

potential conflicts of interest

Back 13

- attestation/acting as witness in case for cliet
- simultaneous representtin of opposing parties
-representation of someone whose interese are adverse to former client
- representations that conflict lawyers own interest
- simultaneous repesentation of clients who think have same ineterst

Front 14

conflict of interst

Back 14

lawyer shall not represent a client if representation of that client will be diretly adverse to another client or would be limited by the lawyers responsibilities to someone else or lawyers own interest

Front 15

successive representation

Back 15

representation of someone whose interet adverse to former client

Front 16

when attorney need not w/d from case

Back 16

- uncontested matters where testimony is about matters that won't be contested atty may testify and continue to rep client
- service fee testimoney
- substantial hardship changing lawyers would make situation wordse for client

Front 17

exceptins to attorney/client privilege

Back 17

-other like, name, fees, info for atty to defend himself
-waiver
- communications regarding commission of crime in future
- communications for purpose committing fraud
- where communication was made to attorney in a capacity other than attorney
- communications unrelated to matter represention

Front 18

executor

Back 18

carries out instructions of a deceased party expressed in will

Front 19

discovery

Back 19

exchange of info between 2 sides of dispute

Front 20

work product

Back 20

material prepared in anticipated of litigation
-protected from disclosure
- includes mental impressions of atty, strategy, theory, legal opinions about case

Front 21

beneficiaries

Back 21

persons entitled to recieve property from estate

Front 22

disqualifiation

Back 22

make unfit for use or false power away from something or
someone

Front 23

retainers

Back 23

fee paid to attorney simply to be made available to handle case - non refundable

Front 24

value based fees

Back 24

take into account attys special skill and expertise - amount involved result obtained, time expended, other relevant factors

Front 25

hourly fees

Back 25

most cases handled this way - billed by atty for amount of hours spent on case

Front 26

contingency fee

Back 26

fee, dependent on outcome of case % of recovery usually personal injury - no fee pd until atty wins settlement
not allowed in criminal cases

Front 27

fixed fees

Back 27

fee set in advance - flat fee for routine
services ie will uncontested divorce

Front 28

runners

Back 28

people employed to solicit cases for attorney or refer cases to atty

Front 29

impute

Back 29

assign legal responsibility for act of another because of the relationship between those made liable and the actor rather than because of participation or knowledge of act

Front 30

solicitation

Back 30

focus on individual prospective clients rather than public at large

Front 31

self laudatory

Back 31

expressing praise and commendation

Front 32

ways attorney/client privilege broken

Back 32

- communication to 3rd party
- communications with attny representing > 1 client on same matter aren't privilege with reverence to other clients

Front 33

waiver

Back 33

client can give up atty/client privilege

Front 34

attorney client privilege

Back 34

any communication written or oral purpose of rule to protect clients rights to disclose fully and completely all facts and circumstances without fear that it will be revealed later by paralegal or atty

Front 35

confidentiality aspects

Back 35

1. litigation
2. ethical

Front 36

general principles of attorney/client privilege

Back 36

applies to all who work for attorney on case
- exists even after death or time passed
- must be intended to be confidential

Front 37

statuatory fee

Back 37

fees or amounts set by legislature body award of attorney fees as part of judgement

Front 38

statute of limitations

Back 38

claims must be asserted with in a certain period of time or they can't be asserted at all

Front 39

double billing

Back 39

unethical practice of charging several clients for same period of time worked

Front 40

referral fee

Back 40

amounts charged directing a person to someone else

Front 41

fee splitting

Back 41

payng a part of one's fee to person ho helped get client

Front 42

sanctions

Back 42

are punishments administerd by a court for the violation of one of it's rules
usually punishment is financial

Front 43

malpractice

Back 43

involves acts or failures to act by an attorney which damages the client in some manner