Legal Profession- Job (By Cr)

Front 1

MR 1.0?

Back 1

Terminology

Front 2

MR 1.1?

Back 2

Competence

Front 3

What is "competence?"

Back 3

Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. (MR 1.1).

Note: Expertise is not required.

Front 4

Consequences of violating duty of competence?

Back 4

Client can file a malpractice suit and disciplinary action is likely.

Front 5

MR 1.2?

Back 5

Scope of Representation and Allocation of Authority

Front 6

In general, what authority does the client have and what authority does the attorney have in the attorney-client relationship?

Back 6

Client: Generally, the client decides the OBJECTIVES of the representation.

Attorney: Generally, the attorney may decide the MEANS by which the client's objectives are pursued. Still, per MR 1.4(a)(2), the attorney must reasonably consult with the client about those means.

Front 7

MR 1.3?

Back 7

Dilligence

Front 8

Under MR 1.3, the lawyer shall act with...

Back 8

"reasonable DILIGENCE and PROMPTNESS in representing a client." (MR 1.3)

Front 9

Failure to act with reasonable diligence can result in what consequences?

Back 9

Disciplinary action for violating MR 1.3, likely disciplinary action for violating MR 1.1 (competence), and potentially liable for malpractice.

Front 10

MR 1.4?

Back 10

Communication

Front 11

Under MR 1.4, a lawyer shall: (full Model Rule)

Back 11

(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules;

(2) reasonably consult with the client about the means by which the client's objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

(5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Front 12

MR 1.5?

Back 12

Fees

Front 13

What is the general standard regarding attorney fees under MR 1.5?

Back 13

Fees must not be UNREASONABLE. (MR 1.5(a))

Note: there are 8 factors under 1.5(a) to account for in determining the fees' reasonableness.

Front 14

What are the three normal types of fees arrangements?

Back 14

1. Billable Hours
2. Contingent Fee
3. Flat Fee

Front 15

What is an extra requirement of a contingent fee arrangement?

Back 15

Arrangement must be in WRITING and signed by the client (MR 1.5(c)), the Model Rules merely suggest that the fee arrangements SHOULD be in writing otherwise.

Front 16

When are contingent fees PROHIBITED? (2 Situations)

Back 16

1. Criminal cases. (MR 1.5(d)(2))
2. Domestics Relations Cases (divorce, alimony, property settlement, etc.) (MR 1.5(d)(1))

Front 17

MR 1.6?

Back 17

Confidentiality

Front 18

General Rule regarding the attorney's duty of CONFIDENTIALITY? (MR 1.6)

Back 18

An attorney shall NOT reveal information relating to the representation of a client.

Front 19

EXCEPTIONS to this General Rule of Confidentiality? (7 exceptions)

Back 19

1) The client gives Informed consent. (MR 1.6(a))
2) The disclosure is IMPLIEDLY authorized in order to carry out the representation. (MR 1.6(a))
3) PHYSICAL HARM: a lawyer may disclose information to the extent he reasonably believes is necessary to prevent REASONABLY CERTAIN DEATH or SUBSTANTIAL BODILY HARM. (MR 1.6(b)(1))
4) FINANCIAL HARMS: a lawyer may disclose information to the extent he reasonably believes is necessary to a) prevent a FUTURE client crime or fraud in which the lawyer's services had been used or b) to RECTIFY the consequences of a PAST or ONGOING crime or fraud in which the lawyers services had been used. (See MR 1.6(b)(2), (3)).
5) Securing Legal Advice concerning the lawyer's own COMPLIANCE with the disciplinary rules. (MR 1.6(b)(2))
6) Self-Defense: a lawyer may disclose information necessary to defend himself against a charge of wrongdoing connected with his his representation of a client. (MR 1.6(b)(3))
7) Compliance with the Law: a lawyer may (or must) disclose information required by law (this could mean a court order or in order to comply with another section of the Model Rules). (MR 1.6(b)(6))

Front 20

What extra requirement(s) does the FINANCIAL HARM exception impose that's absent from the PHYSICAL HARM exception?

Back 20

To meet the FINANCIAL HARM exception, 1) the client must plan to commit/previously committed a CRIME or FRAUD and 2) the lawyer's services must have been used in furtherance of this CRIME or FRAUD.

For the PHYSICAL HARM exception to apply, neither of these two circumstances is required, just the attorney's reasonable belief that disclosure is necessary to prevent REASONABLY CERTAIN death or substantial bodily harm.

Front 21

If a client is engaging/planning to engage in behavior that will likely cause FINANCIAL or PHYSICAL harm, should the attorney immediately disclose this?

Back 21

First, the client may expressly give INFORMED CONSENT to disclosure at any time. So, its probably wise to first speak with the client and urge him to permit disclosure (if the action has already occurred). If the client has not committed the act yet, the attorney should probably consult with him about the other considerations to recommend a different course of action. (MR 1.4(a)(2)).

Front 22

The duty of CONFIDENTIALITY is just one of the rules of regarding SECRECY between the client and her attorney in the attorney-client relationship. What are the other two common protections to this secrecy?

Back 22

1) Attorney Client Privilege
2) Work Product Doctrine

Front 23

Out of the ACP, WPD, and PDC (Professional Duty of Confidentiality, which is the broadest in scope?

Back 23

PDC

PDC covers all information "relating to representation of a client." (MR 1.6(a)). Thus, everything that is protected by the WPD or ACP is also covered by the PDC.

Front 24

Out of ACP, WPD, and PDC, which affords the LEAST protection?

Back 24

PDC. There are a lot more exceptions to the PDC than the ACP or WPD. It's much more likely that the attorney MAY or MUST disclose information only protected by the PDC.

Front 25

Remedy for breach of ACP?

Back 25

Breach of privilege operates as a WAIVER of the privilege. Thus, the client would have a MALPRACTICE action against the lawyer if the lawyer was NEGLIGENT.
- Additionally, the attorney would presumably breach his PDC here as well, in which case, he might be subject to professional discipline or action by the client for breach of fiduciary duty.

Front 26

Remedy for Breach of WPD?

Back 26

Failure to assert in opposition to discovery request operates as a WAIVER. Client may be able to sue lawyer for MALPRACTICE if waiver was NEGLIGENT.

Front 27

Remedy for breach of PDC?

Back 27

Lawyer would be subject to professional discipline or action by the client for breach of fiduciary duty.

Front 28

If your client is ill and cannot attend the deposition, does the PDC cover this information? If so, must the attorney first seek permission to disclose this fact to avoid violation?

Back 28

Yes, this information would be covered. PDC is super, duper broad.

However, this would be fine to disclose. Under MR 1.2(a), the attorney has the authority to make decisions respecting the means of representation, and even though the lawyer must "reasonably consult" with the client about those means (MR 1.4(a)(2)), it would be too cumbersome to have the lawyer communicate with the client about such mundane information. Here, the attorney would be IMPLIEDLY AUTHORIZED to disclose this information.