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28 Cards in this Set
- Front
- Back
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Duties when applying to the bar
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1) Truth and full disclosure
2) Duty to cooperate |
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Lawyers obligation when you know of a violation
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1) Report what you know
2) Be available to testify |
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Options when doing work in another jurisdiction temporarily
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1) Associate with local counsel
2) Pro hac vice 3) Can mediate or arbitrate 4) Anything reasonably related to lawyer's home state is OK |
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Permissible permanent multi-jurisdictional practices
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1) In-house counsel for big company
2) Legal services allowed for by law |
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Supervisor is responsible for acts of subordinate if...
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1) knew of misconduct when consequences could be avoided or mitigated and fails to take action OR
2) violation and supervisor ratifies or orders the action |
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Subordinate is not responsible for actions if...
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1) Were told to do it AND
2) it must be a borderline case. |
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Activities that require a license
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1) Appear in court
2) Draft documents 3) Negotiate settlements |
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Activities that do not require a license
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1) Interviewing
2) Filling in forms 3) Write legal memos |
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Limits on lawyer's freedom to reject a case
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1) Should take defenseless or oppressed clients
2) Pro bono (50 hours a year) 3) Appointments from a court |
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Good reasons to reject cases
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1) Unreasonable financial burden
2) Physical or mental inability 3) Conflict of interest 4) Frivolous claim 5) Strong feelings or bias 6) Lack the legal expertise |
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Things that clients must decide
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1) File suit
2) Settle, unless the client gives a specific range 3) Whether to testify 4) Plea bargains 5) Jury or bench trial 6) Whether to appeal |
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Must withdraw if...
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1) Duty to reject
2) Client fraud and refusal to fix it 3) Client insists on breaking the law 4) Client begins an illegal course of action |
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May withdraw if...
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1) No harm to client
2) Client consents 3) Client is being a huge bitch |
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Contingency fees in criminal cases
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Not allowed
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Contingency cases in family law
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Only allowed when getting past due support payments
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Requirements when selling your practice
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1) Must sell whole thing or entire department
2) Must sell to a competent person 3) Must provide written notice to clients |
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Work product undiscoverable unless
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1) Substantial need by other side
2) an inability to gather it themselves without undue hardship BUT still never mental impressions and opinions |
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Disclosure of client's fraud
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Can't do it if past fraud (except for testimony). Must withdraw if it is ongoing fraud.
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Rule of imputation
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What one lawyer can't take, the entire firm cannot take (except for sexual reasons)
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Required disclosures for aggregated settlements
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1) Total amount
2) Details of other clients status 3) Lawyer's fees and costs |
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Facing a close relative
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Not allowed without informed consent from both parties
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Publicity of cases
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Not allowed if lawyer should reasonably know that it has a substantial likelihood of prejudicing the case
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Lawyer as witness
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No, unless
1) Uncontested matter 2) Legal fee case 3) Substantial hardship to the client without it |
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Cannot talk to jurors after case if...
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1) Court prevents it
2) Juror says no 3) Purpose is harassment |
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Names in firm title
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Must be part of the firm OR only away temporarily
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Permissible solicitations
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1) Targeting mailing
2) Group and prepaid legal services 3) Education seminars 4) When no fee will be taken 5) Close friends and relatives 6) Present or former clients |
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Specializations that are acknowledged
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1) Admiralty
2) Patent 3) If certified by the state or ABA specifically |
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MCLE Requirements
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40 hours, 3 ethics hours and 2 elimination of bias hours per 36 months
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