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20 Cards in this Set
- Front
- Back
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Assent to the lawyer client relationship occurs when
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Lawyer fails to decline clearly
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Lawyer fails to tell client clearly he is declining representation and client reasonably relies. What is that?
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You gotta client attorney relationship.
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Lawyer should try to take court appointed cases except when:
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a. Doing so would cause a violation of another disciplinary rule
b. representing would unduly burden lawyer c. Lawyer's personal feelings would inhibit ability to represent. |
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Lawyer must reject case when:
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a. Client's goal is to hurt someone
b. Presents a legal or factually frivolous position. c. lawyer too busy to handle d. Personal feelings bar effectiveness e. Mental or physical condition bars |
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If no lawyer client relationship lawyer must:
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a. Still protect confidences
b. protect client's property c. use reasonable care when giving advice |
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Unpopular case
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Lawyer still has obligation to take
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How should lawyer show agreement with client about fee
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In writing
In writing, and early |
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Factors for deciding what is an appropriate fee are:
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time and labor
novelty and difficulty skill used preclusion from other work Community standards |
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Lawyer cannot bill for
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ordinary overhead expenses
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Lawyer can bill for
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Special services such as secretarial or law clerk time or reasonable amount in advance
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Lawyer need not return
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true retainer fee, money spent for lawyer to be on the ready.
But must return unused portion of hourly retainer fees. |
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Accepting property in lieu of services is:
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Going to be subject to careful scrutiny
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Contingent fees must be two things:
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a. In writing
b. Reasonable |
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Contingent Fees are prohibited except in pi cases for Plaintiff. True or false:
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True, if you want to be safe. Know that they are forbidden in criminal and domestic cases.
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Lawyers cannot split fees except:
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With other lawyers in the firm
As part of separation agreement with former partner To pay into retirement plan |
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Lawyer can share fee with another atty outside firm if:
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Fee split is reasonable
Split is in proportion to work done Split is approved by client in writing. |
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Lawyers can have reciprocal referral arrangements but not:
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Give referral fees.
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Name the five things a client can control in the case:
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a. Whether to plead guilty
b. Whether to accept settlement offer. c. testify in a criminal case d. waive jury in a criminal case e. appeal |
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When can lawyer limit responsibilities during course of representation
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When disagreements evident between lawyer and client about how to achieve objectives
when client is undertaking illegal actions or when client insists on breaking law or ethics rule. |
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When client has diminished capacity lawyer should
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still communicate normally (as possible)
consider getting a guardian but preserve confidences |
