Ethics 2

Front 1

1.1 - competence

Back 1

requires reasonably necessary legal knowledge, skill, thoroughness, and preparation

Front 2

1.2 - scope of representation (4 things)

Back 2

1. Lawyer should abide by objectives and consult about means.
2. Shall obey client about settlement, plea, waiving jury, and client testifying.
3. may limit scope if reas under circ.
4. no crime/fraud help, may speak hypothetically, may test laws

Front 3

1.4 - Communication (5 items)

Back 3

1. promptly tell client of things requiring informed consent
2. reasonably consult about means
3. keep client reasonably informed
4. respond to reasonable inquiries
5. inform client of limitations on lawyer's conduct

Front 4

1.5(a) - Reasonable Fees (8 factors)

Back 4

1. difficulty of problem
2. likelihood that acceptance precludes other work for lawyer
3. customary fees for similar svcs
4. amt involved & results obtained
5. limitations imposed
6. nature/length of a/c relationship
7. experience/reputation of lawyers
8, fixed or contingent

Front 5

1.6(a) - 3 times it is OK to reveal info related to representation of a client

Back 5

1. when client gives informed consent
2. when impliedly authorized
3. Under the 1.6(b) exceptions

Front 6

1.6(b) exceptions (6 of them)

Back 6

1. prevent reas certain substantial bodily harm
2. prevent client from doing bad thing that he used your svcs for
3. help others from bad thing client did/is doing using your svcs
4. get legal advice about compliance with the rules
5. establish claim/defense
6. comply w/ ct order

Front 7

4.2 - communication w/ represented parties

Back 7

don't talk to them about matter unless ct order allows or you have consent from their lawyers

Front 8

4.1 - truthfulness to third parties

Back 8

1. don't knowingly make false stmt of material fact to others
2. don't omit info that could prevent your client from crime/fraud

Front 9

4.3 - talking to unrepresented parties (3 factrs)

Back 9

1. don't state/imply you are disinterested
2. make reas. efforts to correct them if they don't understand your role
3. if conflict likely, don't offer legal advice except advice to get counsel

Front 10

4.4 - rights of 3rd parties (3)

Back 10

1. don't use tactic designed solely to embarrass, delay, or burden
2. or that violate legal rights
3. notify sender if you get a document that was sent inadvertently

Front 11

7.1 - communications about lawyer services (2)

Back 11

1. don't materially misrepresent fact or law
2. don't omit something necessary to avoid such misrepresentation

Front 12

6.2 - appointments

Back 12

Can't avoid unless:
1. would violate rules (i.e. you aren't competent, something is so repugnant as to impair the a/c relationship)
2. unreasonable financial burden

Front 13

1.14 - diminished capacity (4)

Back 13

1. minority, mental impairment, other
2. maintain normal relationship
3. when client in substantial risk of harm and can't act on his own, lawyer may take reasonable protective action.
4. disclosure of necessary confidential info OK in protective action

Front 14

How should fee info be communicated?

Back 14

1. preferably in writing
2. before or withiin reas. time
3. after commencing representation or changing them

Front 15

When is an attorney-client relationship initiated?

Back 15

whenever an individual seeks and receives legal advice from an attorney in circumstances in which a reasonable person would rely on such advice

Front 16

What happend in Togstad?

Back 16

Woman went to attorney about med mal. Attorney said there was no case but he'd call if partner thought different. Bad communication, bad competence.

Front 17

What is informed consent?

Back 17

agreement to proposed course of conduct after lawyer communicates: 1. adequate information
2. risks and reasonably available alternatives

Front 18

1.7(b) factors

Back 18

consentable if:
1. lawyer reasonably believes he can provide competent representation
2. law doesn't forbid
3. claim isn't by one client against another in same litigation
4. everyone gives written informed consent

Front 19

1.8(a) - when are biz xacts w/ clients OK?

Back 19

must be:
1. fair and reasonable
2. terms clearly disclosed in writing
3. client advised to seek counsel
4. signed informed consent

Front 20

When MUST a lawyer decline/terminate?

Back 20

1. representation would violate rules or law
2. physically or mentally impaired in a way that affects representation
3. when he is discharged

Front 21

What must a lawyer do upon withdrawal?

Back 21

1. refund any unearned fees
2. take reasonable steps to protect client's interests

Front 22

When MAY a lawyer withdraw?

Back 22

1. no material adverse effect on client
2. client using/used services in a way that is criminal/fraudulent
3. client is repugnant to lawyer
4. client fails to fulfill obligation that he was warned would result in withdrawal
5. unreas financial burden
6. other good cause

Front 23

Candor toward tribunal: don't do what 3 things knowingly?

Back 23

1. make false stmt of fact or law, or fail to correct one
2. fail to disclose adverse controlling legal authority
3. offer false evidence

Front 24

What do managing attorneys have to do under 5.1/5.3?

Back 24

1. make reas. efforts to ensure measures in effect to make EEs comply w/ rules
2. make reas. efforts to ensure subordinates comply w/ rules
3. be responsible for other's violations if ordered or if known and didn't prevent/mitigate

Front 25

When does "following orders" excuse a rules violation?

Back 25

When supervisor gave you a reasonable resolution to an arguable question of prof. duty