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14 Cards in this Set
- Front
- Back
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Rule 1.0
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Terminology
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Informed Consent
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Denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
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Rule 1.1- Competence
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Requires the:
1. legal knowledge 2. skill 3. maintenance of, and 4. thoroughness and preparation reasonably necessary for the representation. |
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In determining the requisite knowledge and skill, what relevant factors do you look for?
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The Lawyers:
1) General Experience 2) Training and experience in the field in question. 3) Prep. and study he is able to give the matter and 4) whether it is feasible to consult with a lawyer of established competence. *Doesn't have to be knowledgeable of the field. Just know the basic foundations reqs. of law. |
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In an emergency, a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill required when what?
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Assistance should be limited to that REASONABLY NECESSARY in the circumstances.
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In determining thoroughness and Preparation, what relevant factors do you look for?
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1. analysis of the factual and legal elements of the problem,
2. Use SOPs for practitioners 3. Attention that is required depends on what is at stake. |
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Rule 1.2- Scope of Representation and Allocation of Authority Between Client and Lawyer
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L must abide by C's decisions concerning objectives of representation;
He may take impliedly authorized action for the C; L's representation is not an endorsement of C's views or activities; L may limit scope of representation - so long as it is reasonable and C gives INFORMED CONSENT; (d) L cannot counsel C to engage in criminal conduct but may discuss legal consequences of proposed conduct. |
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Rule 1.3- Diligence
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A L shall act with RX diligence and promptness in representing a client.
Zealous Advocacy does not = every possible argument is used. 2. NO PROCRASTINATION. 3. Clarify if relationship still exists. 4. Don't leave client "out to dry" even if you die. |
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Rule 1.4- Communication
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L shall:
(1) inform, (2) reasonably consult re: achieving objectives, (3) Keep updated on the status (4) comply w/ reasonable requests of info from C, and (5) consult re: limitations of L and the C's expectations |
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Rule 1.5 (a)
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To Determine Reasonableness of Fees, look at:
(1) time/labor, novelty/difficulty, and skill involved; (2) likelihood that taking this case would keep L from taking any other case; (3) feel customarily charged in locality for similar services; (4) amount involved and results obtained; (5) time limitations imposed by C or circumstances; (6) nature and length of prof. relationship w/ C; (7) Experience, reputation and ability of the L; and (8) Whether the fee is fixed or contingent. |
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1.5 (b) Fees
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Scope of representation and basis of fees shall be communicated to the C through WRITING preferably w/in a reasonable time after commencing representation.
*Except when you regularly represent a client for the same rate. |
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1.5 (c) Fees
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Contingents fee agreements shall:
1. Be in a writing 2. Method for determining fee 3. Trial or appeal 4. Expenses to be deducted from the recovery. 5. How much the C owes whether you win or not. |
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1.5 (d) Fees
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No contingent fees for:
1. Domestic relations matters or 2. Representation of a D in a criminal case. |
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1.5 (e) Fees
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Division of fees, between lawyers of different firms, is allowed when?
1) proportionate to services given 2) Client agrees and everything is in writing. 3) the total fee is reasonable. |
