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11 Cards in this Set
- Front
- Back
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Privilege |
Is a shield against forced disclosure |
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Confidentiality is |
An obligation not to voluntarily reveal. It is not a shield. |
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Who regulates the legal profession? |
The state through (1) state ct. (2) state bar association (3) state legislature |
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Sarbanes-Oxley Act |
Imposes a mandatory reporting duty when a securities lawyer becomes aware of credible evidence that a client is materially violating a federal or state securities law. |
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Informed consent |
The agreement by a person to a proposed course of conduct after the L has communicated adequate info & explanation about the material risks & reasonably available alternatives to the proposed course of conduct |
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Knowingly, known or knows means |
Actual knowledge of the fact in Q. Knowledge may be inferred from circumstances. |
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Reasonable or reasonably conduct of L means |
Conduct of a reasonably prudent & competent L |
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Reasonable belief |
L believes the matter in question & that the circumstances are such that the belief if reasonable |
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What decisions does a C make that a L must abide by? |
Settlement, plea to enter, waiving a jury trial, testifying, whether to appeal |
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The nature b/t a lawyer and a client is |
Contractual |
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A lawyer operates a both the client's... |
Fiduciary and agent |
