Prof Resp

Front 1

What is fee-splitting with non-attorneys allowed?

Back 1

(1) You may collect and pay Legal fees to a widow of deceased attorney of firm; and
(2) Non-lawyer employees of firm may be included in profit-sharing or retirement plan

Front 2

When is in-person solicitation of legal services prohibited?

Back 2

Personal injury or wrongful death claims, unless prior professional/family relationship existed with prospective client.

Front 3

What are requirements for advertising letter?

Back 3

1) Say ADVERTISING MATERIAL in conspicuous letters
2) Cannot imply partnership or specialist exist if not there

Front 4

What's the duty to disclose in regards to competence?

Back 4

NONE!

Front 5

What does duty of competence require?

Back 5

Capable of handling without months of research

Front 6

What are requirements for contingency fee agreements?

Back 6

1) Must be in writing
2) explain how fee calculated

Front 7

What happens if representation terminated prematurely in contingency fee case?

Back 7

Get paid on an hourly (quantum meruit) basis.

Front 8

Can an attorney of a corporation serve on its board?

Back 8

Yes, but there must be fact-based examination of whether there is a conflict of interest

Front 9

What duty does general counsel have if conflict between corporation and directors?

Back 9

Duty to DISCLOSE the conflict to those you advise

Front 10

What does confidentiality extend to?

Back 10

1) Any information client expects to be so held
2) Any information that would embarrass or injure the client
Also includes information related by prospective clients.
Of course disclosures that a reasonably necessary to carry out representation are allowed.

Front 11

What are the three times an attorney can reveal confidential information?

Back 11

1) Client Consents
2) Court Order
3) Fraud on a third party by client

Also to prevent client from committing act likely to result in death or substantial bodily harm.

Also as needed for the lawyer to defend himself.

Front 12

When MUST an attorney reveal confidential information (3)

Back 12

1) Intent to commit ANY crime, but must first attempt to dissuade client first
2) Fraud on a tribunal, but first convince client to reveal
3) Defendant plans to perjure (1) Dissuade not to, then withdraw if necessary, or reveal to court.

Front 13

What knowledge do you need before you reveal confidential information regarding fraud on a tribunal?

Back 13

Actual knowledge of fraud

Front 14

What are attorney's requirements if there is a POTENTIAL conflict of interest?

Back 14

Must establish that attorney can exercise independent judgment on behalf of client

Front 15

What are the three requirements if a 3rd party is paying client's legal fees?

Back 15

(1) Consult with client and consent;
(2) Does not cause interference with independent professional judgment; and
(3) Confidentiality of client information remains protected.

Front 16

What's the standard for conflicts between former and current clients?

Back 16

If a lawyer has represented a former client in a matter, you can't represent a new person in SAME or SUBSTANTIALLY RELATED matter in which person's interest is MATERIALLY ADVERSE to interest of former client.
Unless former client consents after consultation.

Front 17

What are the imputation rules for conflicts between former and current clients?

Back 17

It is IMPUTED to the entire firm

Front 18

What's the rule for former government attorneys and judges?

Back 18

Cannot take matters dealt with in government, but can be SCREENED OFF.

Front 19

What's the rule regarding an attorney changing firms?

Back 19

A new firm is conflicted out of work if
1) new attorney worked on relevant matter
2) had access to confidential matter

Front 20

What's the sanction for an attorney contacting a witness for the other party without informing the party's attorney?

Back 20

NONE! You're allowed to this

Front 21

What are witnesses allowed to be paid, if anything?

Back 21

1) Travel expenses
2) Modest fee

Front 22

When MUST you decline or terminate representation? (2)

Back 22

1) Representation would result in violation of ethics rules or other law;
2) Lawyer's Physical/mental ability material impairs ability to represent client.

Front 23

When MAY you withdraw from an attorney-client relationship? (6)

Back 23

(1) If withdrawal can be done without material adverse effect on clients interests,

(2) Client using services to breaking law or commit fraud;

(3) client insists on objectives that are repugnant to lawyer;

(4) Client not cooperating with you and has been given reasonable warning;

(5) Representation creates unreasonable financial burden on lawyer; OR

(6) other good cause.

You must take steps to protect client's interests upon withdrawal.

Front 24

What must you do after relationship terminated?

Back 24

Take steps to protect client's interest, including reasonable notice of withdrawal, refunding unearned fees, return all documents, etc.

Front 25

How many CLE hours does VA require?

Back 25

12 CLE hours including 2 for ethics

Front 26

What are the three requirements for splitting a fee with another lawyer outside the firm?

Back 26

(1) division is in proportion to services provided, or written agreement for joint responsibility;

(2) client advised of and consents to participation of all attorneys;

(3) the total fee is reasonable

Front 27

How long must copies of TV and radio ads be kept?

Back 27

1 year.