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9 Cards in this Set
- Front
- Back
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What duties does a supervising lawyer have over a non-lawyer?
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- Must make reasonable efforts to ensure that the person's conduct is compatible with professional obligations of a lawyer
- Does not have to know of a problem to be liable |
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What are the EIGHT gifts that a judge does not have to report?
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1. Items of little intrinsic value - e.g. plaques
2. Gifts from people who would require disqualification anyways (friends, relatives, etc.) 3. Ordinary social hospitality 4. Commercial discounts in the regular course of business available to the public 5. Rewards from contests that are open to non-judges 6. Scholarships and fellowships that are open to non-judges 7. Resources provided on a complimentary basis for official use 8. Gifts, awards, benefits associated with the business or separate entity of a family member residing the judges house. |
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What THREE gifts must be reported?
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1. Gifts incident to a public testimonial
2. Invitations to an activity related to the law, or to an event associated with any of the judge's activities 3. Any gift from someone who is likely to or who has had interests come before the judge |
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What are the TWO times a lawyer MUST withdraw?
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1. Disability
2. if continuing to represent the client will require the attorney to violate a law or a disciplinary rule |
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What are the EIGHT times a lawyer MAY withdraw?
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1. For any reason if it can be done withour material adverse effect on the client interests (or they consent)
2. Client persists in conduct involving the lawyers services the lawyer reasonably believes is criminal or fraudulent 3. Client used attorney's services to commit past crimes or fraud 4. Repugnancy or fundamental disagreement 5. Client substantially fails to fulfill an obligation to the attorney and has been warned the attorney will withdraw if they persist 6. Unreasonable financial hardship for attorney 7. Client makes the attorney's work unreasonably difficult 8. Other good cause |
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What FOUR things are required for a lawyer to enter into a business transaction with a client?
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1. Terms are fair to the client
2. The terms are fully disclosed to the client in writing (including the essential terms of the transaction and the lawyer's role) 3. The client is advised in writing to get the advice of an independent lawyer 4. The client gives written informed consent |
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What are the SEVEN times a lawyer MAY reveal confidential information?
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1. Client's informed consent
2. Implied authority 3. Dispute concerning attorney's conduct - there must be an allegation but charges do not have to be filed 4. Disclosure to obtain legal ethics advice 5. Disclosue required by law or court order 6. Lawyer reasonably believes it is necessary to prevent reasonably certain death or substantial bodily harm 7. prevent the client from committing a crime or fraud that is reasonably certain to result in substantial financial harm to someone if the client is using or has used the lawyer's services in the matter. |
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What FOUR things are required for a lawyer to proceed when there is a conflict?
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1. Lawyer reasonably believes they can competently and diligently represent the clients despite the conflict of interest;
2. Representation is not prohibited by law; 3. the representation is not in the same litigation or proceeding 4. Each affected client gives informed written consent |
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What FIVE things are required for a reciprocal referral agreement?
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1. Must be with another lawyer or nonlawyer professional
2. Must not be exclusive 3. The referred person is told about it 4. It is not indefinite 5. It does not interfere with the lawyer's professional judgment as to making referrals |
