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27 Cards in this Set
- Front
- Back
What is fee-splitting with non-attorneys allowed?
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(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 |
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When is in-person solicitation of legal services prohibited?
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Personal injury or wrongful death claims, unless prior professional/family relationship existed with prospective client.
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What are requirements for advertising letter?
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1) Say ADVERTISING MATERIAL in conspicuous letters
2) Cannot imply partnership or specialist exist if not there |
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What's the duty to disclose in regards to competence?
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NONE!
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What does duty of competence require?
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Capable of handling without months of research
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What are requirements for contingency fee agreements?
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1) Must be in writing
2) explain how fee calculated |
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What happens if representation terminated prematurely in contingency fee case?
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Get paid on an hourly (quantum meruit) basis.
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Can an attorney of a corporation serve on its board?
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Yes, but there must be fact-based examination of whether there is a conflict of interest
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What duty does general counsel have if conflict between corporation and directors?
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Duty to DISCLOSE the conflict to those you advise
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What does confidentiality extend to?
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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. |
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What are the three times an attorney can reveal confidential information?
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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. |
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When MUST an attorney reveal confidential information (3)
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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. |
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What knowledge do you need before you reveal confidential information regarding fraud on a tribunal?
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Actual knowledge of fraud
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What are attorney's requirements if there is a POTENTIAL conflict of interest?
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Must establish that attorney can exercise independent judgment on behalf of client
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What are the three requirements if a 3rd party is paying client's legal fees?
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(1) Consult with client and consent;
(2) Does not cause interference with independent professional judgment; and (3) Confidentiality of client information remains protected. |
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What's the standard for conflicts between former and current clients?
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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. |
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What are the imputation rules for conflicts between former and current clients?
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It is IMPUTED to the entire firm
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What's the rule for former government attorneys and judges?
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Cannot take matters dealt with in government, but can be SCREENED OFF.
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What's the rule regarding an attorney changing firms?
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A new firm is conflicted out of work if
1) new attorney worked on relevant matter 2) had access to confidential matter |
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What's the sanction for an attorney contacting a witness for the other party without informing the party's attorney?
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NONE! You're allowed to this
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What are witnesses allowed to be paid, if anything?
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1) Travel expenses
2) Modest fee |
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When MUST you decline or terminate representation? (2)
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1) Representation would result in violation of ethics rules or other law;
2) Lawyer's Physical/mental ability material impairs ability to represent client. |
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When MAY you withdraw from an attorney-client relationship? (6)
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(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. |
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What must you do after relationship terminated?
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Take steps to protect client's interest, including reasonable notice of withdrawal, refunding unearned fees, return all documents, etc.
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How many CLE hours does VA require?
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12 CLE hours including 2 for ethics
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What are the three requirements for splitting a fee with another lawyer outside the firm?
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(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 |
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How long must copies of TV and radio ads be kept?
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1 year.
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