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29 Cards in this Set
- Front
- Back
- 3rd side (hint)
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a, an-
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without
lack of absence not |
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ab-
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away from
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ad-
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toward
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ante-
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before
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anti-, contra-
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against
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arte-, arterio-
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artery
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brady-
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slow
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bili-, chol-, chole-, cholo-
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bile
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card, cardio-
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heard
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cholest-, cholecysto-
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gallbladder
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cyano
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blue
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cysto
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bladder
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dys
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abnormal, difficult
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hemo, hemato
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blood
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thrombo
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blood clot
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tachy
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rapid
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retro
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back, backward, behind
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pneumo, pneumato, spiro
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lungs, breathing, respiration, air, gas
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phleb, phlebo, veni, veno
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vein
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os-, stoma-, stomat, stomato
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mouth
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myel-
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bone marrow, spinal
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macro, mega, megal
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abnormally large
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vas, vaso, angi, angio
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vessel
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lith
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stone
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Professional Responsibility - Duties To Client
When playing 5-Card STUD with a client's money, I must be a responsible professional. |
COMMUNICATE with client:
act COMPETENTLY do not reveal CONFIDENCES avoid CONFLICTS of interest render CANDID advice SAFEGUARD client's money & property TERMINATE atty/client relationship fairly and properly UNREASONABLE fees should not be charged act with reasonable DILIGENCE |
COMMUNICATE with client: A lawyer must fully and promptly inform the client of (1) any decision or circumstance with respect to which the client's informed consent is required by these rules; (2) any information required by court rule or other law to be communicated to the client; and (3) material developments in the matters including settlements or plea offers. A lawyer must reasonably consult with the client about the means by which the client's objectives are to be accomplished; keep the client reasonably informed about the status of the matter; promptly comply with a client's reasonable requests for information; and 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 these rules or other law. A lawyer must explain any matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. 361
act COMPETENTLY: A lawyer should provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. A lawyer may not handle a legal matter that the lawyer knows or should know he is not competent to handle, without associating with a lawyer who IS competent to handle it. A lawyer may not intentionally (a) fail to seek the objectives of the client through reasonably available means permitted by law and the disciplinary rules; or (b) prejudice or damage the client during the course of the professional relationship except as permitted or required by these rules. 359 do not reveal CONFIDENCES: Confidential information consists of information gained during or relating to the representation of a client, whatever its source, that is (1) protected by the attorney-client privilege; (2) likely to be embarrassing or detrimental to the client if disclosed; or (3) information that the client has requested be kept confidential. Confidential information does NOT ordinarily include (1) a lawyer's legal knowledge or legal research; or (2) information that is generally known in the local community or in the trade, field, or profession to which the information relates. A lawyer may not knowingly reveal confidential information to the disadvantage of the client or for the advantage of the lawyer or a third person, unless: (1) the client gives informed consent; (2 )the disclosure is impliedly authorized to advance the best interests of the client and is either reasonable under the circumstances or customary in the professional community; or (3) the disclosure is otherwise permitted. A lawyer must exercise reasonable care to prevent the lawyer's employees, associates, and others whose services are utilized by the lawyer from disclosing or using confidential information of a client, except that a lawyer may reveal information otherwise permitted to be disclosed through an employee. Even when no attorney-client relationship ensues, a lawyer who has had discussions with a prospective client may not use or reveal information learned in the consultation, except as otherwise permitted by rules with respect to information of a former client. The obligation of confidentiality does not terminate after the attorney-client relationship terminates. Permissible disclosure: A lawyer may reveal confidential information to the extent that the lawyer reasonably believes necessary: (1) to prevent reasonably certain death or substantial bodily harm; (2) to prevent the client from committing a crime; (3) to withdraw a written or oral opinion or representation previously given by the lawyer and reasonably believed by the lawyer still to be relied upon by a third person where the lawyer has discovered that the opinion or representation was based on materially inaccurate information or is being used to further a crime or fraud; (4) to secure legal advice about compliance with these rules or other law by the lawyer, another lawyer associated with the lawyer's firm, or the law firm; (5) to defend the lawyer or the lawyer's employees and associates against an accusation of wrongful conduct; or to establish or collect a fee; or (6) when permitted or required by these rules or to comply with other law or court order. Attorney-Client Privilege: unless waived by the client, an attorney or one of his employees may not disclose confidential information made between the attorney and the client in the course of representation. (a) Communication does not include observations. (b) information that comes from sources other than the client or attorney is not privileged. (c) Communication between the agents of the client or attorney may be deemed privileged. (d) persons retained to assist the attorney may be deemed privileged persons to the extent they are carrying out work on the attorney's behalf. (2) The client cannot be compelled to disclose such communication. Information remains privileged unless a third party is present, or knows of the matter separately. Clients and attorneys must take reasonable care to protect the information. Also, a lawyer owes an obligation to advise the client of the attorney-client privilege and and timely assert the privilege unless waived by the client. Lastly, the ACP arises only when a person contacts a person in that person's ordinary capacity as an attorney for the purpose of obtaining legal advice or services, although it is not necessary that the attorney be formally retained in order to create the relationship of attorney client. 375 avoid CONFLICTS of interest; Current Client: a lawyer may not represent a client if a reasonable lawyer would conclude that either (1) the representation would involve the lawyer in representing different interests; or (2) there is a significant risk that the lawyer's professional judgment on behalf of a client would be adversely affected by the lawyer's own financial, business, property, or other personal interests. Despite the existence of a concurrent conflict of interest, a lawyer may represent a client if (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent in writing. A lawyer may not use information related to the representation of a client to the disadvantage of that client unless the client gives informed consent, except as permitted or required by these rules. Former Client: A lawyer who has formerly represented a client in a matter may not later represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client, unless the former client gives informed consent in writing. A lawyer who has formerly represented a client in a matter, or whose present or former firm has formerly represented a client in a matter, must not (1) use confidential information of rht former client to the disadvantage of the former client, except (a) as the rules otherwise permit or require with respect to a current client; or (b) when the information has become generally known; or (2) reveal confidential information of the former client except as the rules otherwise permit or require with respect to a current client. Prospective Client: A prospective client is a person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter. A lawyer must decline proferred employment if the exercise of independent professional judgment on behalf of a client is or will be likely to be adversely affected by the acceptance of the proferred employment, or it would be likely to involve the laywer in representing differing interests. A lawyer who has had discussions with a prospective client, even when no client-lawyer representation ensues, may not represent a client with interests materially adverse to those of a prospective client in the same or substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as otherwise permitted. When the lawyer has received disqualifying information, law firm representation is permissible if (1) both the affected client and prospective client have given informed consent in writing; or (2) the lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client, and the firm acts promptly and reasonably to notify everyone in the firm that the lawyer may not represent; and to implement screening procedures.363 render CANDID advice SAFEGUARD client's money & property: A lawyer who is in possession of funds or property belonging to another person, where such possession is incident to the lawyer's practice of law, is a fiduciary, and must not misappropriate such funds or property or commingle such funds or property with his own. Separate Accounts: A lawyer in possession of funds belonging to another person incident to the practice of law must maintain the funds in a banking institution within NY State that agrees to provide dishonored check reports in accordance with rules governing dishonored check reporting. Must be separate from lawyer's or lawyer's firm's accounts.-347 TERMINATE atty/client relationship fairly and properly, or decline to start it in the first place. A lawyer may not accept employment on behalf of a person if the lawyer knows or reasonably should know that the person wishes to (1) bring a legal action, conduct a defense, or assert a position in a matter, or otherwise have steps taken, merely for the purpose of harassing or maliciously injuring any person; or (2) present a claim or defense in a matter that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of existing law. Withdrawal: If permission for withdrawal from employment is required by the rules of a tribunal, a lawyer may not withdraw from employment in a matter before that tribunal without its permission. However, when ordered to do so by a tribunal, a lawyer must continue representation notwithstanding good cause for terminating the representation. see MANICURE. 379 UNREASONABLE fees should not be charged: A lawyer may not make an agreement for, charge, or collect an illegal or excessive fee. A fee is excessive when, after a review of the facts, a reasonable lawyer would be left with a definite and firm conviction that the fee is excessive. Factors include (a) time and labor required; novelty and difficulty of the questions involved; skill requisite to perform the legal service properly, (b) likelihood, if known or apparent, that the acceptance of the particular employment will preclude other employment by the lawyer; (c) fee customarily charged in the locality for similar services; (d) amount involved and results obtained; (e) time limitations imposed by the client or circumstances; (f) nature and length of the professional relationship with the client; (g) experience/rep/ability of the lawyer or lawyers performing the services; and (h) whether fee is fixed or contingent. Must communicate scope of representation to the client and how/whether it will change. Doesn't apply if it's a regular client and you're performing the same services over and over.*different fee rules for DRL cases. - 337 act with reasonable DILIGENCE: A lawyer must act with reasonable diligence and promptness in representing a client. A lawyer may not neglect a matter entrusted to the lawyer. A lawyer may not intentionally fail to carry out a contract of employment entered into with the client for professional services, but the lawyer may withdraw as permitted under these rules. 361 |
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in, im, un
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not
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hypo,
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decreased, abnormally low
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hyper
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increased, abnormally high
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hepat, hepato
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liver
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