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41 Cards in this Set
- Front
- Back
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MPRE: |
False statements and failing to disclose relevant requested information.
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MPRE:
What are the two types of information that an applicant or lawyer must disclose in connection with an application to the bar? |
Facts that are necessary to correct a misapprehension known by the applicant or lawyer to have arisen in the matter, or information lawfully demanded by the bar.
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MPRE:
May a bar require that an applicant be a citizen of the U.S. or a resident of that state? |
No. Such requirements are unconstitutional.
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MPRE: |
1) Attempting to violate a disciplinary rule; 2) Assisting or inducting another person to violate a disciplinary rule; 3) Using the acts of another person to violate a rule; 4) Criminal conduct that shows dishonesty, untrustworthiness, or unfitness to practice law; 5) Any conduct involving dishonesty, fraud, deceit, or misrepresentations; 6) conduct that is prejudicial to the administration of justice; 7) Stating or implying an ability to improperly influence; 8) knowingly assisting a judge in conduct that is illegal or that violates the CJC.
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MPRE:
Describe the duty to report misconduct. |
A lawyer is subject to discipline for railing to report a disciplinary violation that he knows was committed by another lawyer. Violation must raise a substantial ? as to the other lawyer's honesty, untrustworthiness, or fitness as a lawyer. Duty to report does not apply to info that is protected by the duty of confidentiality or info. gained by a lawyer or judge while serving as a member of an approved lawyers' assistance program designed to help lawyers and judges with substance abuse.
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MPRE:
Generally, you cannot practice law in a jurisdiction where you are not admitted. What are the types of permissible temporary multi-state practice? |
1) Associate with an active local lawyer; 2) special permission called pro hac vice; 3) mediation or arbitration out of home-state practice; 4) anything reasonably related to lawyer's home-state practice
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MPRE:
In what situations is permanent multi-state jurisdictional practice permitted? |
1) Employed by only client which has several out-of-state offices; 2) Legal services authorized by federal or local law.
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MPRE: |
You are subject to both state's rules.
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MPRE:
What about law firms with offices in more than one jurisdiction? |
They may use the same name in each jurisdiction, but ID of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located.
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MPRE:
When is a supervisor responsible for acts of a subordinate? |
a) supervisor knew of misconduct at a time when consequences can be avoided or mitigated and the lawyer fails to take reasonable remedial action; or, 2) if the violation raised a substantial ? as to the lawyer's honest or character and the supervisor ordered or ratified the conduct.
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MPRE: |
If when they were told to do the questionable act, it was at least arguable that they thought what they did was ok to do.
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MPRE:
The following activities require a license and constitute practice of law: |
1) appearance in judicial proceeding, and depos; 2) drafting documents that affect substantial legal rights; 3) negotiating settlements
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MPRE: |
1) Interviews; 2) filling in forms; 3) writing legal memos
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MPRE:
Generally a lawyer may not divide fees with a non-lawyer. What are the exceptions to this rule? |
1) heirs of a deceased attorney; 2) employees in the form of salaries and as part of pension or bonus; 3) court awarded legal fees with a non-profit organization that employed, retained or recommended employment of the lawyer in the matter
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MPRE:
Describe the rules on partnerships. |
1) Lawyers must not imply that they are partners or otherwise associated with each other in a law firm unless they really are. 2) As to the public, the law firm includes lawyers who frequently consult, work jointly, and have access to each others' files. 3) Only lawyers can be partners, if any part of the partnership biz is the practice of law, or officers if we're dealing with a corp.
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MPRE:
Describe the relationship of the dual profession lawyer with non-laywers. |
It is ok to list both professions; you cannot solicit legal biz through your dual profession; attorney/client privilege does not apply in dual profession; it is ok to provide ancillary or law-related services reasonably performed in conjunction with and related to legal services; where non-legal and legal services are provided together, the rules apply to both; non-legal services provided by entity controlled by the lawyer must assure the client knows of the lawyers interest and that it is not legal services - failure to do so means the Rules apply to everything.
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MPRE:
Generally, you cannot put restrictions on the right to practice. What are the exceptions? |
Retirement and to settle a disputed claim.
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MPRE:
What are some exceptions to the the general rule that a lawyer has general freedom to reject cases? |
1) Defenseless or oppressed (you should take; 2) 50 hours of pro bono (you should do); 3) Appointments (you must take these)
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MPRE:
When may a lawyer refuse to take a court appointment? |
When good cause is shown that the case would present an "unreasonable" financial burden.
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MPRE:
Under what circumstances does a lawyer have a duty to reject cases? |
1) Physical or mental inability to handle case; 2) conflict of interest; 3) frivolous claim or defense; 4) strong feelings or bias; 5) incompetence/lacking the legal expertise
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MPRE:
What may an otherwise incompetent lawyer do to take a case? |
1) Associating with a competent lawyer; 2) Learn the subject matter of the representation; 3) Emergency situations
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MPRE:
What decisions belong to the client? |
Important decisions: 1) whether to sue; 2) settlements (must inform client of all offers unless client has specifically and with informed consent authorized a specific rejection or acceptance range); 3) whether to testify (in a criminal case); 4) who to plea; 5) jury/bench trial; 6) whether to appeal
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MPRE:
Procedural and tactical decisions generally belong to the attorney. Name some. |
Which court to file in; depositions; discovery; continuances (whether to request or grant a request.
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MPRE:
What are the two procedural or tactical issues that belong with the client? |
Case expenses; third person's well-being
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MPRE:
When a client is under diminished mental capacity, or is a minor, what should the attorney do? |
Get a guardian appointed, but the lawyer should both respect and involve the client as much as possible for input on decisions that impact the client's well-being.
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MPRE: |
1) Where there is a duty to reject; 2) client fraud and refusal to rectify; 3) client insists on violation of law or ethics rule; 4) client has begun an illegal course of action
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MPRE:
What situations provide for permissive withdrawal? |
Can be for any reason where there's no material harm to clien, or if client consents, or where one of these conditions is met: 1) client persists in criminal or fraudulent conduct; 2) client has used attorney's services to commit past crime or fraud; 3) client's objective is repugnant or imprudent; 4) client breaks promise to lawyer to pay the fee; 5) unreasonable financial hardship for attorney's practice; 6) client will no cooperate.
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MPRE:
What steps must an attorney take to avoid material adverse effect on a client he is trying to dump. |
1) Dissuade client; 2) request permission to withdraw; 3) do as instructed; 4) if judge lets you dump, give client reasonable notice to get a new lawyer.
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MPRE:
When must a fee arrangement be communicated to client? |
Before (or within a reasonable time after) representation starts.
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MPRE:
What are the factors in setting a reasonable fee? |
time and labor; difficulty and novelty of ?s; experience, reputation and abilities; relationships: nature and length; exclusions (whether lawyer must turn away other cases if client knows of this); fixed or contingent (contingent can be higher); fees customarily charged
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MPRE: |
must be reasonable, and signed by client; must not be used in criminal cases (no incentive or percentage of publication rights based upon representation until all appeals); must not use in domestic relations case (past due support payments are debt and therefore ok); and, must be explained in writing and must notify the client of any expenses for which they are liable, whether or not the client wins the case, and explanation must be made before you take the case and after the case is concluded
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MPRE: |
1) the entire practice or entire field of practice must be sold (not just the good cases); 2) seller must exercise competence in identifying a qualified or competent purchaser.
Also, seller must cease to engage in private practice of law or at least in the sold field. |
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MPRE:
Describe the written notice requirements that must be given to the seller's clients. |
notice regarding 1) the sale, 2) the client's right to get their files returned, 3) the client's right to get new counsel, 4) and that consent will be presumed if the client takes no action within 90 days of the receipt of the notice. If notice cannot be given for some reason, the a court order is required to authorize the transfer of the representation.
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MPRE: |
1) waived by client; 2) client seeks attorney's services to engage in or assist in future crimes/fraud; 3) communication is relevant to issue of breach of attorney-client relationship; 4) disclosure required by court order; 5) informed consent; 6) implied authority to disclose to further the representation, 7) client fraud or perjury; 8) to obtain legal or ethical advice for lawyer (using hypos); 9) to prevent reasonably certain death or substantial harm (permissive); 10) to prevent substantial harm or fraud if the client is or has used the lawyer's services in the matter.
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MPRE: |
1) Client is committing fraud or perjury: lawyer must seek to withdraw from the matter and if such effort is denied, or withdrawal does not resolve the problem, then the lawyer must disclose the fraud to the judge; 2) client has committed fraud or perjury in the past: cannot be disclosed.
Exception: Lawyer has the duty to rectify false testimony until the end of the proceedings, appeals and all. |
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MPRE: |
are considered secret and privileged. Death of client does not end obligations.
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MPRE:
In some instances, a conflict of interest can be cured if both of the following occur: |
1) lawyer fully explains risks and alternatives (informed consent); 2) and, client agrees in writing (can be electronic)
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MPRE:
What items are required to be in a writing in order for a lawyer to engage in an ordinary biz transaction with a client? |
1) full disclosure of terms; 2) advised to get independent counsel; 3) informed consent, signed by client
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MPRE:
Describe the "no interests adverse to clients" prong of conflicts? |
1) Cannot represent client in one matter and oppose him in another; 2) cannot represent client whose interests are directly adverse to another client; 3) cannot represent client against former client when you acquired confidences in former representation.
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MPRE:
Lawyers related as parent, child, sibling, or spouse... |
shall not represent adverse parties, unless full informed consent; but no rule of imputation.
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MPRE:
What are the elements of the "Screen"? |
1) Written disclosure to government or to whoever is on the other side; 2) no working on or discussing case or access to file by "screened-off" attorney; 3) no fee to "screened-off" attorney
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