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24 Cards in this Set
- Front
- Back
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What is fee-splitting with non-attorneys allowed?
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1) Legal fees to widow of deceased attorney of firm
2) Non-lawyer employees in profit-sharing or retirement plan |
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What are rules regarding solicitation?
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1)Generally allowed
2) Not for personal injury or wrongful death claims, unless prior professional/family relationship |
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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 agreemetns?
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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 |
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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 |
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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 responsibilities when a 3rd party pays for representation?
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1) Disclose to client any fees paid by 3rd party
2) Refuse to let 3rd party influence decision making |
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What's the standard for conflicts between former and current clients?
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Cannot represent a new client in which you represented a former client in SAME MATTER or matter SUBSTANTIALLY RELATED to prior matter IF interest of new client is MATERIALLY ADVERSE to interest of former client without informed consent
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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 terminate an attorney-client relationship? (2)
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1) Representation about to make you break law or forced to commit unethical act
2) Physically/mentally incapable of representing the person |
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When MAY you withdraw from an attorney-client relationship?
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Can be done without material prejudice to client AND
1) Client is breaking law 2) Client is ignoring you 3) Placing unreasonable financial burden on practice |
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What must you do after relationship terminated?
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Must return all documents in your possession
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