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18 Cards in this Set
- Front
- Back
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What is Rule 1.3 of the Model Rules of Professional Conduct?
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A lawyer must exercise diligence in handling client matters. (i.e., cannot procrastinate)
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What is Rule 1.4 of the Model Rules of Professional Conduct?
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A lawyer must keep a client reasonably informed about the status of the client's case, must comply with a client's reasonably requests for information, and must explain things to the client so that the client can make informed decisions.
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What is Rule 1.5 of the Model Rules of Professional Conduct?
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A lawyer's fee must be reasonable. Contingent fees MUST be in writing. Contingent fees CANNOT be charged in domestic relations cases when the contingency relates to obtaining a divorce or to the amount of alimony, child support, or property settlement. Contingent fees CANNOT be charged in criminal cases. Fees can be divided between lawyers if the divisions are proportionate to the services, client knows, and fee is reasonable.
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Should retainer letters be provided to ALL clients?
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YES, contingent or not.
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What is champerty?
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A lawyer may accept property or ownership interests in a business enterprise in payment of legal services, but cannot accept a proprietary interest in the outcome of the case. This type of proprietary interest, called champerty, is forbidden.
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What is Rule 1.6 of the Model Rules of Professional Conduct?
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A lawyer cannot disclose information concerning the representation of a client unless the client consents or unless the disclosure is necessary to carry out the representation.
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The duty of confidentiality prohibits what?
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(1) Discussing the client or the case with anyone in the office that doesn't need to know; (2) disclosing to opposing counsel or others more about the client than necessary; (3) confirming to 3rd parties that we represent the client, unless it is public record; (4) having a conversation where a third-party could overhear client's name or information about the client; (5) permitting client files or papers to be in plain view; (6) inadvertently mailing info about clinet to someone else.
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What is Rule 1.7 of the Model Rules of Professional Conduct?
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A lawyer cannot represent opposing parties in a legal matter unless (1) the lawyer reasonably believes that the representation will not affect either party adversely and (2) each party consents.
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What is Rule 1.7 of the Model Rules of Professional Conduct?
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A lawyer cannot represent opposing parties in a legal matter unless (1) the lawyer reasonably believes that the representation will not affect either party adversely; and (2) each party consents.
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What is a Chinese Wall?
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Isolating a lawyer or legal assistant from all contacts with a conflicting case until it is concluded.
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What is Rule 1.8 of the Model Rules of Professional Conduct?
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(1) Cannot enter into business transaction with client unless the terms are fair, client has chance to seek independent legal advice; and client consents. (2)Cannot prepare an instrument that gives attorney something; (3) cannot negotiate or agree to give a lawyer media/literary rights; cannot provide financial assistance to client in pending claim except court costs/expenses in contingency fee cases, or for an indigent client.; (5) Cannot accept payment of fee from someone other than client unless client consents, lawyer remains independent from 3rd party, and client's information remains confidential; (6) Cannot settle a civil case for multiple clients unless client knows all details and consents; (7) cannot require client to agree prospectively to limit malpractice liability; (8) cannot assume representation when opposing party is represented by counsel related to lawyer unless client knows and consents; (9) cannot acquire proprietary interest in litigation being handled by client.
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What is Rule 1.14 of the Model Rules of Professional Conduct?
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When a client's ability to make adequately informed decisions in connection with the representation is impaired, the lawyer may seek appointment of a guardian or may take other acton to protect the interests of the client. [a lawyer should seek a guardian only when necessary]
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What is Rule 1.15 of the Model Rules of Professional Conduct?
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A lawyer must hold property of clients or third parties separate from the lawyer's own property.
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What is Rule 1.16 of the Model Rules of Professional Conduct?
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A lawyer must not represent a client, or must withdraw from representation of a client, if the representation will result in a violation of the rules of professional conduct; if the lawyer's physical or mental condition materially impairs the ability to represent the client; or if the lawyer is discharged. If a court orders - the attorney must continue representation. If representation ends, notice must be given to the client. [learning that a defendant is guilty is NOT a valid basis to withdrawal from the case].
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What is Rule 3.1 of the Model Rules of Professional Conduct?
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A lawyer must not file frivolous lawsuits or raise frivolous issues in a lawsuit.
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What is Rule 3.2 of the Model Rules of Professional Conduct?
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A lawyer must take reasonable steps to expedite litigation consistent with the client's best interest.
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What is Rule 3.3 of the Model Rules of Professional Conduct?
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A lawyer cannot knowingly make a false statement of material fact to a tribunal or judge, cannot fail to disclose a material fact when disclosure is necessary to avoid assisting a fraudulent or criminal act by the client, cannot fail to disclose legal authority in the controlling jurisdiction even though it may be adverse to the position of the client, and cannot knowingly offer false evidence, including prejured testimony.
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What is Rule 3.4 of the Model Rules of Professional Conduct?
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A lawyer cannot unlawfully obstruct another party's access to evidence and cannot falsify, alter, destroy, or conceal material that may be used as evidence - nor advise anyone else to do this. Cannot offer an illegal inducement. Cannot make frivolous discovery requests and must make a diligent effort to comply with discovery requests. Cannot counsel anyone other than a client to withhold information from the opposing party unless (1) the person is a relative, employee, or agent of a client; AND (2) the lawyer reasonably believes that no harm can come to the person by withholding the information. During a trial, the lawyer cannot assert personal knowledge of facts except when testifying as a witness and cannot state personal opinions about the justness of the cause, credibility of a witness, or guilt/innocence of a defendant.
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