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18 Cards in this Set

  • Front
  • Back
What is the obligation to police the profession
Lawyers have a duty to report unethical and improper conduct of their fellow lawyers and to assist in the investigation of complaints
What is unauthorized practice of law
The practice of law embraces the preparation of pleadings and other papers incident to proceedings on behalf of clients before judges and courts
Who cannot be represented pro se
"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"
Can a lawyer team up with a non-lawyer
Yes as long as the business does not involve the practice of law and does not act as a feeder to a law practice
What are the rules with solicitation
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.
What is the rule about seminars
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
What must an attorney do if he represents a client in a new area
"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"
How are lawyers supposed to address fees
A lawyer has a duty to discuss fees with a cleint. Fee structures must be fully explaines.
When are contingent fees prohibited
"criminal cases, civil cases involving domestic relations issues, tort cases when the agreement is not put in writing"
When may an attorney share fees
An attorney may share fees with another attorney when both attorneys worked on a case and the client consents
What is the rule regarding publication rights
A lawyer may not work for publication rights and must wait until the conclusion of the employment before seeking publication rights
What are the rules regarding dual representation
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.
What is the rule regarding 3rd parties paying for a client's representation
"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"
What must a lawyer tell a client about malpractice insurance
An attorney who has less than 100k in malpractice insurance must give cleints written notice of that fact
What is considered attorney neglect
"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"
When must an attorney keep information confidential
"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"
Who is the client when he is hired by a corporation
The corporation
Who is the client when he is hired by an insurance company to represent the insured
The insured