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34 Cards in this Set
- Front
- Back
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What are the 4 types of discipline that can be imposed on a NY attorney?
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1. Letter of admonition (private)
2. Public or private censure by the courts (published in law journal) 3. Suspension 4. Disbarment |
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Does being sued for malpractice mean you will be disciplined by the bar?
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not necessarily
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When you know of another lawyer who has violated the rules of conduct you must ________.
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1. Report unless protected by confidentiality
2. Be available to testify |
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If admitted to practice in NY and another state, whose laws apply?
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Lawyer will be investigated in both states but the law of the state where the primary impact was will apply
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Who makes decisions of substantive legal import and what do they include?
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1. The client
2. Whether to sue, appeal, settle, whether to testify in criminal case |
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Who makes decisions as to strategy, procedure and tactics?
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The lawyer
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When may a lawyer substitute its judgment for the clients on issues of substantive legal import?
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1. Client has diminished capacity
2. Client is at substantial risk of physical, financial or other harm 3. Client cannot adequately act in own interest (still must get guardian appointed) |
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When MUST a lawyer withdraw?
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1. Frivolous, harassing, malicious claims
2. Lawyer impaired mentally of physically 3. RPC would be violated 4. Client fires the lawyer |
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When MAY a lawyer withdraw?
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1. Client's claim or defense is frivolous
2. Crime of fraud 3. Client disregards fee arrangements 4. Violation of a rule 5. Lawyer's inability to work with counsel indicates that client's best interest of served by withdrawal |
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What does competence require?
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1. Physically and mentally able
2. Substantively competent 3. Time to devote to case |
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What MUST be in an attorney advertisement?
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1. Name, law office address and number
2. Any words or statements required by the rules must be clear and capable to being read by the average person if said out loud 3. Label: Attorney advertising must be on first page |
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Must MUST NOT be in an attorney advertisement?
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1. Paid endorsements or testimonials
2. Actors (without disclosure) |
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Television and radio ads must be kept for _____ years after initial dissemination.
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3
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Computer ads must be retained for _____ years after initial dissemination.
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1
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What is the exceptions to the rule that lawyers may not solicit business by targeting specific people?
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1. Former/current client
2. Close friend or relative 3. Pro-bono clients 4. Classes of persons known to need legal fees |
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The _________ survives the death of the client.
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Confidentiality
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The attorney-client privilege is broader than the confidentiality requirement.
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False.
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What are the 4 exceptions to confidentiality?
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1. Required by court
2. To obtain legal or eithical advise (should use hypos) 3. To prevent future crime 4. To prevent reasonably certain future substantial harm/death |
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When a lawyer is an unavoidable conflict, the lawyer should ________.
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refuse to accept or continue representation.
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If a lawyer is going to take case where he has a conflict he must ________.
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Get informed consent
1. Client must agree in writing after 2. Lawyer explains material risks and reasonable alternatives |
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Under what conditions do lawyers testify for clients?
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1. Uncontested matter of mere formality
2. Fees 3. Substantial hardship if lawyer withdraws |
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A person who communicates with a lawyer for the purposes of disqualifying the lawyer from handling a materially adverse representation on the same or substantially related matter is not a _________
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Prospective client
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Generally a lawyer cannot take a _______ on a client's property to secure a fee.
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Mortgage
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What are the three exceptions to the rule that a lawyer cannot take a mortgage on a client's property to secure a fee?
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Its a domestic relations matter and ...
1. Retainer agreement provides 2. Notice of application for security agreement is given to other spouse 3. Court grants approval for security interest after submission of council fees |
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Generally, a lawyer ________ loan money to clients
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May not unless pro-bono or indigent.
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Lawyer cannot _________ with a client unless transaction is fair to the client.
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Do business (should get independent counsel too)
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May a lawyer represent a current client in an action against a former client?
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Yes except
1. Same matter or transaction in which lawyer represented former client 2. When in former representation got access to confidential information relevant to current action |
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When can a lawyer not charge a contingency fee?
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1. Criminal case
2. Domestic relations case |
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When is a letter of engagement required?
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Fees will be greater than 3k and services are NOT of the same general kind as previous representations
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What are the elements of a letter of engagement?
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1. Scope of legal services to be provided
2. Explanation of fees 3. Expenses and billing practices 4. Notice of client's right to arbitrate a fee dispute |
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What is the rule for lawyers business relationships with non-lawyers?
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Lawyer must not be a partner with a non-lawyer if any part of the partnership involves the practice of law.
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What are the two types of retainer agreements?
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Advance of fees - belongs to client and goes into trust account
Availability- belongs to lawyer and goes into lawyer's account (can be non-refundable in NY) |
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Are subordinate lawyers responsible for violations resulting from actions they were told to take by supervising lawyers?
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Generally no.
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Are supervising lawyers responsible for violations of subordinate lawyers?
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Yes if
1. Knew of the conduct and did not report 2. Told law to act (they have to mitigate damage if they can) |
