Evidence

Front 1

When can an attorney disclose information and not have it violate duty of confidentiality?

Back 1

D I E I N DC

1) Death or substantial bodily harm

2) Impliedly authorized to carry out representation

3) Ethical Rules - compliance with

4) Disagreements with the client/ attorney, client disputes over fees

5) Crime or Fraud prevention

Front 2

Explain the conflict analysis

Back 2

1) attorney can't represent a client if the representation would be directly adverse to another client's interests OR

2) There is a significant risk that the representation will be materially limited by the lawyer's personal interests or responsibilities to a former client or a 3rd person.

UNLESS:

1) Lawyer believes there is no adverse affect and

2) Client gives informed consent after full disclosure.

Front 3

Explain what must happen if a lawyer is going to enter into a business transaction with a client?

Back 3

The general rule is NO BUSINESS TRANSACTIONS WITH CLIENTS HOWEVER:

If the transaction is:

1) Fair and Reasonable to client

2) Fully disclosed in Writing

AND

3) The client gives Written and Informed Consent, it's okay.

Front 4

Explain Imputed Disqualification of counsel

Back 4

A lawyer can't represent a person in the same or a substantially related matter in which a firm with which the lawyer was formerly associated represented a client whose interests are materially adverse to this person and about whom the lawyer had acquired MATERIAL INFORMATION protected by the attorney client privelege UNLESS

Written informed consent by the client.

Screening is permitted as an alternative to disqualification

Front 5

Contingency Fees

Back 5

1) writing

2) Method of calculation

3) provide written accounting to client

Front 6

Fee Splitting

Back 6

1) Never with nonlawyers

2) Permitted but restricted with other lawyers if:

1) division is proportional to the services performed by each attorney or each attorney assumes joint responsibility for the case

AND

Client Agrees in Writing to the Arrangement.

Front 7

What must a lawyer do when handling client funds and property?

Back 7

S S D N

(1)Separate, Safe, and in State

2) Seven years, must keep and maintain records

(3)Disputed portion separate until earned

(4) Notice of receipt and deliver if requested.

Front 8

Factors involving a reasonable attorney's fee?

Back 8

Time

Labor

Skill

Customary Fee for similar work

Experience, reputation, amount recovred v. amount involved

Front 9

When must a lawyer accept a court appointment?

Back 9

Generally always unless:

1) Unreasonable Financial Burden OR

2) Case is repugnant to the lawyer

Front 10

When must a lawyer terminate representation with a client?

Back 10

F R R

1) Fired

2) Rule violation to continue

3) Rejection should have been made initially.

Front 11

When may a lawyer terminate representation with a client?

Back 11

F A I R

1) Financially burdens attorney unreasonably.

2) Acts against his judgment

3) Illegaly acts or uses services to commit a past crime

4) Refuses to Cooperate in Representation

Front 12

Decisions reserved strictly for the client?

Back 12

P A T W illiams

1) Pleas in criminal cases

2) Acceptance of settlement offers

3) Testifying in criminal cases

4) Waiver of Jury Trial in Criminal Case

Front 13

Discuss Advertising Duties

Back 13

1) No false or misleading Advertising

- Time Place and Manner Restrictions Apply to Advertising

- Must be labeled as Advertisement

- Must File with State Bar and maintain a copy

- Cannot predict success or make unverifiable claim

- Special Restrictions for Radio and TV ads

(must be a lawyer associated with the firm) OR (must disclose that person is an actor)

Testimonials and indorsements are prohibited

Can Certify Specialty- Organization named (if conditions met)

1) certifying organization is approved by state bar or ABA

2) 1/3 practice is devoted to the specialty

3) 500k carried in malpractice insurance

4) Registers with state Bar, pays a fee and submits reporting/ complying forms annually

Lawyer's Biographical Data Form must be available upon request

Term "specialist" is prohibited, "limited practice" claims allowed.

FEE INFORMATION RESTRICTION:

1) Contingent Fees

- Client must pay other sides attorney fees in the event of a loss

- Fee Range/hourly rate - written estimate

Basically must include all of the possible terms in the ad.

- Fees that are advertised must be honored 90 days or time specified

- Fees that are published must be honored for no less than one year following publication.

No personal or telephone solicitation- primary purpose for pecuniary gain

except former clients, friends or relatives

- Written Advertisement must state Advertisement conspicuously:

45 day rule for mail solicitation

Can't pester a client with mail communication if:

- made known that services were not wanted

- involved coercion, intimidation, harassment etc.

OR

- lawyer should know that person solicited is unlikely to exercise reasonable judgment in employing lawyer.

Front 14

Lawyer's duty to clients and duties to the Court

Back 14

Clients Love Fierce Counsel

Confidentiality

Loyalty

Fiduciary Responsibilities

Competence & other common sense duties

LAWYER'S DUTIES TO OTHERS

Courts Feel Differently

1) Candor

2) Fairness

3) Dignity & Other reasonable things.

Front 15

What does it mean to have candor toward the tribunal?

Back 15

1) no false statement of fact to a tribunal

2) failure to correct false statements

3) fail to disclose legal authority known to the lawyer to be directly adverse to the position.

4) can't offer false evidence

If proceeding is ex parte must not knowingly fail to volunteer harmful facts if the proceeding is ex parte

Front 16

What duties of candor does a lawyer owe to opposing counsel?

Back 16

O F F K id

- Obstruction (cannot obstruct access to evidence)

- Falsify evidence

- Frivolous Discovery Requests

- Knowingly disobeying obligations to the court

Front 17

What duties does a lawyer owe to unrepresented parties

Back 17

Communication is ok, but if a lawyer has a conflict with that person he must advise her to retain counsel

Front 18

Can a lawyer communicate with represented parties?

Back 18

Not about the case

Front 19

Prosecutors Duties

Back 19

1) Exculpatory evidence must be timely disclosed

2) Cannot bring action that prosecutor knows is not supported by probable cause

Front 20

Duty to maintain the integrity of the profession

Back 20

R andy R ehrer S till U nemployed

1) R eport known violations

2) R eckless statements about judge's integrity

3) S upervise nonlawyers and jr lawyers

4) Unauthorized practice of law.