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30 Cards in this Set
- Front
- Back
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MR 3.3
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candor towards the tribunal
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MR 1.7
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concurrent conflicts
consent plus |
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MR 1.9
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successive conflicts
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successive conflicts analysis
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former client? --> materially adverse interests --> are the matters subst related --> consent --> screening?
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concurrent conflicts analysis
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no representation if directly adverse or significant risk of materially limiting representation
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consent plus
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informed written consent + confidence that representation will not be materially limited
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MR 1.6
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duty of confidentiality
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MR 1.4
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communication
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MR 1.2
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Scope of representation and authority
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MR 1.13
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the corporate client
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Diffs b/w 1.13 and 1.6
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1.13 - only rat on things pertinent to your representation, only for good of corp
1.6 - only rat on things your assistance was used for, for good of 3d parties |
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1.6 confidentiality gets trumped by
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3.3 - duty of candor to tribunal - can't KNOWINGLY make a false statement or fail to reveal adverse law
4.1 - truthfulness in statements - can't KNOWINGLY fail to disclose material fact that would assist criminal or fraud act |
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elements of A/C P
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communication
made b/w priv'd persons in confidence for purpose of obtaining leg advice |
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MR 3.4
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fairness to opposing parties
can't give advice not to give info, unless: family/EE/other agent, OR the lawyer believes person will not be adversely affected by refraining from giving it |
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MR 5.1
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responsibilities of supervising lawyers: lawyer responsible for violation if he orders or ratifies, or does nothing when he could have mitigated the circs
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MR 5.2
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Subordinate lawyer - responsible for violations, unless deferring to managing lawyer on questionable interps of MRs
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RS 51
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Duties Owed to Non Clients
- prospective client - when the client tells nonclient to rely - when the lawyer knows that the client intends the nonclient to benefit - in a fiduciary context, where ward can't protect rights |
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MR 4.4
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Respect for rights of 3d Persons
- a lawyer who receives inadvertently sent documents shall notify sender promptly - does not waive in GA if lawyer sent |
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3 views of lawyer representation in closely held corps
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Fassihi - fact intensive, looks for reposed trust/almost client
Skarbrevik - no duty owed to SHs Oregon - assume rep of both, unless clearly stated otherwise |
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RS 83 - Duty of Care to Beneficiaries
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No A/C P when trustee-lawyer communication is relevant to breach of fid duties
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Standard for Trumping 1.6
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When the information is KNOWN in 3.3, when doing so is NECESSARY to avoid assisting criminal/fraud act in 4.1
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No Contact Rule
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MR 4.2 - only about the subject of the representation
Georgia does not allow rec'ing that client get in touch with other side |
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Corporations and the No Contac Rule
MR & GA. |
MR - 1) person who supervises lawyer; 2) person who has auth to obligate the corp with respect to the matter; 3) person whose acts in regard to the matter can by imputed to org
GA - same for 2 and 3, but disallows contact with anyone of supervisory authority |
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Special retainer v engagement fees
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special retainer - kept in trust until earned; engagement is earned when paid, b/c it limits taking on other work
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Business X-Action rule
3 elements |
1) terms fair and reasonable in a writing
2) rec they get ind counsel 3) informed consent (Stranger Rule) |
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When Shall a Lawyer Withdraw
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MR 1.16a
- if continued rep will result in a violation of MRs - physical or mental ability will impair rep - lawyer is discharged |
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When May a Lawyer Withdraw, if it will not create a materially adverse effect
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- for any reason
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When May a Lawyer Withdraw, regardless of effect
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- unreasonable financial hardship
- client persists in course of action believed fraud/criminal - client used lawyer to perpetrate crime or fraud - client insists on something lawyer fundamentally disagrees with - client fails to fulfill an obligation ($) - other good cause |
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RS 32(4)
Proportionality Rule |
When withdrawing for financial hardship, will not be allowed if risk that financial hardship to client would be greater
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Hazard Test
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1) client involved in illegal activity
2) lawyer knew about it 3) lawyer continued to act/assist with representation |
