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18 Cards in this Set
- Front
- Back
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What is the obligation to police the profession
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Lawyers have a duty to report unethical and improper conduct of their fellow lawyers and to assist in the investigation of complaints
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What is unauthorized practice of law
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The practice of law embraces the preparation of pleadings and other papers incident to proceedings on behalf of clients before judges and courts
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Who cannot be represented pro se
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"Corps can never be represented pro so, LLCs can be represented pro se in small claims court as long as he does not cross-examine any witness, argue, or engage in other acts of advocacy"
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Can a lawyer team up with a non-lawyer
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Yes as long as the business does not involve the practice of law and does not act as a feeder to a law practice
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What are the rules with solicitation
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A lawyer may not directly contact a nonclient to convince the nonclient to use her services. Neither may a lawyer hire an agent to do so. Mailing of ads is generally permitted.
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What is the rule about seminars
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A lawyer may conduct seminars for laypersons as long as the seminar was designed primarily to educate rather than to funnel clients to the attorney
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What must an attorney do if he represents a client in a new area
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"He must adequately prepare and should advise the client of his lack of skill. If he is to consult another attorney, that fact should be disclosed as well"
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How are lawyers supposed to address fees
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A lawyer has a duty to discuss fees with a cleint. Fee structures must be fully explaines.
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When are contingent fees prohibited
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"criminal cases, civil cases involving domestic relations issues, tort cases when the agreement is not put in writing"
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When may an attorney share fees
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An attorney may share fees with another attorney when both attorneys worked on a case and the client consents
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What is the rule regarding publication rights
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A lawyer may not work for publication rights and must wait until the conclusion of the employment before seeking publication rights
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What are the rules regarding dual representation
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The lawyer must be able to represent both client's interests adequately; Each client must be told of the possible conflict and must consent; A lawyer has a duty to preserve confidences beyond the representation of the client and thus cannot represent a new client if there is a substantial conflict between the old client and the new one.
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What is the rule regarding 3rd parties paying for a client's representation
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"A lawyer may be paid by a 3rd party, but the client must be informed of the arrangement, and the lawyer must not let the paying party control the relationship"
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What must a lawyer tell a client about malpractice insurance
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An attorney who has less than 100k in malpractice insurance must give cleints written notice of that fact
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What is considered attorney neglect
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"Neglecting legal matters within the attorney's responsibilities, such as failure to file a claim within the limitations period, failure to timely file a tax return, showing up at a court proceeding unprepared, or failing to properly supervise his support staff"
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When must an attorney keep information confidential
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"An attorney must protect confidential information conveyed to him by a client. Such information may be shared with firm personnel, but not with outsiders unless the client consents. This applies even if the information is a matter of public record"
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Who is the client when he is hired by a corporation
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The corporation
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Who is the client when he is hired by an insurance company to represent the insured
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The insured
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