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35 Cards in this Set

  • Front
  • Back
admission to bar
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
knowing a violation
if you KNOW a violation, you MUST report and must NOT report anonymously
choice of law (rules) for prof resp
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)
client's choices
ALWAYS on settlement, even if only $1 offer; sue, appeal, judge/jury, whether to testify
att's choices
depositions (although client has veto in money & costs); granting continuances
lawyer MUST withdraw
if lawyer KNOWS purposes are frivolous or harassment; if lawyer is physically or mentally unable; or if reprentation will lead to DR violation
lawyer MAY withdraw
for any reason, if no materially adverse effect or if CL's claim or defense if frivolous
lawyer's subject incompetency
overcome by ALE - Association (will work w/someone competent); Learning (I can get this); or Emergency
unauthorized practice
you can advise pro-se litigants; but you can't help a MA lawyer do something in NY
non-compete clauses (prof resp)
not permitted; UNLESS you retire; or as a condition of leaving the firm, a reasonable non-compete is ok
law firm names
no trade names; if name leaves permanently (appointed ambassador) or is disbarred, it comes down
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"
whether a layperson (idiot) would find the statement misleading; television & radio ads must be pre-recorded, approved, contact info, kept for 1 year;
advertising contingent fees
you must clearly state the terms & basis of fees; NOT permitted "We don't get paid unless you recover" -- this isn't clear
advertising by mail
copy must be filed; list of recipients must be kept for 1 year; can't contact disaster victims for 45 days;
in person solicitation
NOT permitted in persor or telephone, UNLESS family or close friends; private clients; pro bono clients
revealing future criminality
you MAY reveal future criminality; for perjury, 1) dissuade 2) try to withdraw 3) ask no Q's
trial publicity
no prejudicial statements; but RIGHT of reply - to the extent necessary to protect a client from substantial prejudice of recent publicity
accept if all CLs have given informed consent in writing & a prudent lawyer would take the case;
testifying on behalf of CL
can't, unless uncontested; cases involving fees; substantial hardship
book deals
you can't take an interest in the subject matter of the litigation
lending money to CLs
you can advance costs of litigation, but no loans
3rd parties paying the lawyer
can pay, but NO control and doesn't come w/in the privilege
doing biz w/clients
prohibited, unless fair, consent in writing
current v. former CLs
permissible, except SAME matter or confidential information
representing corps
you represent the corp, not the individuals; no A/C privilege in board mtgs; duty to report sec violations up the chain
contingent fees
none in criminal cases or quasi-criminal (medical licensing board) or domestic relations
fees & writings (like SoF)
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
dividing fees
never; except spouses of deceased partners to pay fees already earned
referral fees
only if divided to work already performed and CL doesn't object and total fee is reasonable
retainer, which account
advance -> CL's trust account; availability retianer -> atty's account
CL Trust account, reqs
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
NY fee dispute resolution program
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
subordinate / supervising atty's
subordinates get a defense if it was arguably ok; supervisor is responsible for everyone who reports to them
ex parte communications
not permitted with adversarial party, including anyoen w/managerial or supervisory resp at the corp