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27 Cards in this Set
- Front
- Back
Competence
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Rule 1.1
(what competence means and how it's gained --> ALE) |
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Scope of Represenation
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Rule 1.2
What kinds of decisions client makes vs. attorney makes |
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Diligence
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Rule 1.3
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Communication
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Rule 1.4
Atty must consult about means of accomplishing objectives, keep client informed |
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Fees
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Rule 1.5
Must be reasonable, factors for reasonableness, contingency fee limitations |
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Confidentiality
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Rule 1.6
Protects info related to representation, 7 exceptions (permissive) |
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Organizational Clients
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Rule 1.13
Org. is client |
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Reporting Up
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Rule 1.13(b)
Mandatory |
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Reporting Out
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Rule 1.13(c)
Permissive |
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Clients with Diminished Capacity
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Rule 1.14
maintain as norm relationship as possible, involve client seek protective action if necessary |
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Declining or Terminating Representation
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Rule 1.16
Must when violates law, rules, incapacitated or fired |
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Duties to Prospective Clients
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Rule 1.18
1.6 applies |
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Conflict of Interest: Current Clients
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Rule 1.7
Can't rep unless informed consent given by both |
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Business Transactions with Clients
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Rule 1.8(a)
Not ok unless (1) reasonable terms (2) advised to get own counsel (3) informed consent given |
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Malpractice Waivers
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Rule 1.8(h)
Can't waive malpractice unless independently rep. |
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Duties to Former Clients
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Rule 1.9
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Imputation of Conflicts (Generally)
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1.10
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Evaluations as Third Parties
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Rule 2.3
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Candor to the Tribunal
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Rule 3.3 (trumps 1.6)
Can't make false statement of law or fact, can't present evidence you know if false, fail to disclose adverse controlling authority |
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Fairness to Opposing Party
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Rule 3.4
Can't obstruct evidence unlawfully, alter/destroy/conceal evidence, falsify evidence, disobey a tribunal obligation, frivolous discovery requests, etc. |
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Impartiality of Tribunal
|
Rule 3.5
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Trial Publicity (Extrajudicial Statements)
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Rule 3.6
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Prosecutor's Special Responsibilities
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Rule 3.8
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Supervising Lawyers (in Law Firms)
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Rule 5.1 and 5.3
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Subordinate Lawyers (in law firms)
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Rule 5.2
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Lawyer Advertising
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Rule 7.2
Must be true and not misleading. Also governs firm names |
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Professional Misconduct
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Rule 8.4
Misconduct to - Violate or attempt to violate the rules (or counsel someone to) - Commit crime that reflects on lawyer's honesty, trustworthiness, or fitness to practice law - Conduct involving deceit, fraud, or misrepresentation - Conduct prejudicial to administration of justice |