Professional Responsibility

Front 1

admission to bar

Back 1

SCOTUS sez must be rationally related (not rational: US cit; NY resident); NY: ABA school graduation or ≥1yr law school + study to make 4 total yrs

Front 2

knowing a violation

Back 2

if you KNOW a violation, you MUST report and must NOT report anonymously

Front 3

choice of law (rules) for prof resp

Back 3

if admitted in two states, rules of state where the lawyer principally practices unless conduct's key effect is in another state (so IL rules could apply in NY discipline)

Front 4

client's choices

Back 4

ALWAYS on settlement, even if only $1 offer; sue, appeal, judge/jury, whether to testify

Front 5

att's choices

Back 5

depositions (although client has veto in money & costs); granting continuances

Front 6

lawyer MUST withdraw

Back 6

if lawyer KNOWS purposes are frivolous or harassment; if lawyer is physically or mentally unable; or if reprentation will lead to DR violation

Front 7

lawyer MAY withdraw

Back 7

for any reason, if no materially adverse effect or if CL's claim or defense if frivolous

Front 8

lawyer's subject incompetency

Back 8

overcome by ALE - Association (will work w/someone competent); Learning (I can get this); or Emergency

Front 9

unauthorized practice

Back 9

you can advise pro-se litigants; but you can't help a MA lawyer do something in NY

Front 10

non-compete clauses (prof resp)

Back 10

not permitted; UNLESS you retire; or as a condition of leaving the firm, a reasonable non-compete is ok

Front 11

law firm names

Back 11

no trade names; if name leaves permanently (appointed ambassador) or is disbarred, it comes down

Front 12

specialists

Back 12

you can advertise as a "specialist" if certified by private org (which is approved by ABA) and indicate that org; etc.; otherwise write, "Practice limited to sports law"

Front 13

advertising

Back 13

whether a layperson (idiot) would find the statement misleading; television & radio ads must be pre-recorded, approved, contact info, kept for 1 year;

Front 14

advertising contingent fees

Back 14

you must clearly state the terms & basis of fees; NOT permitted "We don't get paid unless you recover" -- this isn't clear

Front 15

advertising by mail

Back 15

copy must be filed; list of recipients must be kept for 1 year; can't contact disaster victims for 45 days;

Front 16

in person solicitation

Back 16

NOT permitted in persor or telephone, UNLESS family or close friends; private clients; pro bono clients

Front 17

revealing future criminality

Back 17

you MAY reveal future criminality; for perjury, 1) dissuade 2) try to withdraw 3) ask no Q's

Front 18

trial publicity

Back 18

no prejudicial statements; but RIGHT of reply - to the extent necessary to protect a client from substantial prejudice of recent publicity

Front 19

conflicts

Back 19

accept if all CLs have given informed consent in writing & a prudent lawyer would take the case;

Front 20

testifying on behalf of CL

Back 20

can't, unless uncontested; cases involving fees; substantial hardship

Front 21

book deals

Back 21

you can't take an interest in the subject matter of the litigation

Front 22

lending money to CLs

Back 22

you can advance costs of litigation, but no loans

Front 23

3rd parties paying the lawyer

Back 23

can pay, but NO control and doesn't come w/in the privilege

Front 24

doing biz w/clients

Back 24

prohibited, unless fair, consent in writing

Front 25

current v. former CLs

Back 25

permissible, except SAME matter or confidential information

Front 26

representing corps

Back 26

you represent the corp, not the individuals; no A/C privilege in board mtgs; duty to report sec violations up the chain

Front 27

contingent fees

Back 27

none in criminal cases or quasi-criminal (medical licensing board) or domestic relations

Front 28

fees & writings (like SoF)

Back 28

if projected to be ≥ $3k, must be in writing; need notice of CL's right to arbitrate; all domestic relations must be in writing & signed

Front 29

dividing fees

Back 29

never; except spouses of deceased partners to pay fees already earned

Front 30

referral fees

Back 30

only if divided to work already performed and CL doesn't object and total fee is reasonable

Front 31

retainer, which account

Back 31

advance -> CL's trust account; availability retianer -> atty's account

Front 32

CL Trust account, reqs

Back 32

must be in NY, unless CL consents in writing; lawyer borrowing is conversion; if dispute, must leave disputed amount in CL trust account until resolved

Front 33

NY fee dispute resolution program

Back 33

if commenced ≥ 1/1/02, in a civil matter, arb at CL's option; excpet criminal matters, fees ≤ 1k or ≥ 50k; or where claim is malpractice

Front 34

subordinate / supervising atty's

Back 34

subordinates get a defense if it was arguably ok; supervisor is responsible for everyone who reports to them

Front 35

ex parte communications

Back 35

not permitted with adversarial party, including anyoen w/managerial or supervisory resp at the corp