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29 Cards in this Set

  • Front
  • Back
What are the three degrees of compulsion that control behavior under the ABA?
1. Mandatory
2. Permissive
3. Inspirational
What is the rule regarding false statements and applying for admission to the bar?
ABA 8.1 a lawyer must not knowlingly make a false statement of material fact.
What is the rule regarding failure to disclose?
ABA 8.1 B
A lawyer must not
1. Fail to disclose a fact that is necessary to correct a misapprehension known by the person to have arise in the matter.
2. fail to respond to a lawful demand for information from an admissions or disciplinary authority unless the information can't be revealed due to the duty of confidentiality.
What are the 10 commandments of Ethical Conduct?
1. Professional Competency
2. Zealous advocacy
3. Loyalty to the client
4. Fair and Reasonable to the client.
5. Not to undermine respect for the bar
6. Safeguard the Integrity and Competency of the Bar
7. Not to undermine the exclusive right of lawyers to practice law
8. No undignified, misleading or overreaching methods of acquiring clients
9. Make legal services avilable to all
10. Protect the court and 3rd persons from client's frudulent conduct
When is the lawyer-client relationship formed?
It is formed by any person seeking legal advice and consultation from a lawyer.
Who does the lawyer represent?
The person whose problem hs is representing, regardless of who is paying for the counseling unless the client knowingly consents.
In terminating the Attorney-Client relationship, when must the attorney withdraw?
1. Disability of attorney
2. Incompetent
3. Conflict of interest
4. Ethical Violation
5. Discharge
In terminating the Attorney-Client relationship, when may the attorney withdraw?
Attorney may withdraw if there is no material harm to client where->
1. Money- Client does not pay
2. Advice- Client does not follow attorneys advice
3. Illegal
4. Likely to result in illegal or unethical conduct
5. Co-Counsel-Can't work with them
6. Unwarranted
7. Disability
8. Difficult
What are the requirements upon withdrawl?
1. Reasonable notice
2. Return of clients papers
3. Return of unearned fees
Is withdrawal permitted where it materially or adversely affects the client, opposing party or administration of justice?
no, not ever.
Under scope of representation, what decisions are to be made by the client only?
1. objectives of representation
2. acceptance of settlement
3. Criminal Cases
a. Whether or not client will testify.
b. right to jury trial
c. entry of plea
Under scope of representation, what decisons are to be made by the lawyer only?
Provided there is no substantial prejudice to client;s substantive rights:
1. Procedural Tactics
Note: Look for substantive rights of client hidden in tactical decision.
May a lawyer limite the scope of representation?
Yes, (ie) to tax issue, not criminal issue.
Are lawyers subject to vicarious liability?
Yes, partner or supervising attorney MUST take reasonable efforts to assure that his employees and associates comply with the rules
What are the four elements of professional competence?
1. Knowledge and skill
2. Preparation
3. Diligence
4. Communication
What is the rule regarding the knowledge and skill of an attorney?
Whatever is reasonably necessary under the circumstances, including expertise
What is the rule regarding preparation and attornies?
1. Expected to be familiar with well-settled principles in jurisdiction
2. reasonable legal research
3. discover reasonably available facts which could affect the client's position
What is the rule regarding lawyers and diligence?
Must not neglect a client's cause (no procrastination or undue delay)
What communications should be conveyed to the client?
1. settlement and plea offers
2. tactics and non-legal aspects
3. information regarding costs
What communication does the lawyer have a right to withhold from the cient?
1. lawyer believes the communcation would harm the client
2. court order
What options does the attorney have if he believes he is not competent?
1. Refuse the case
2. Engage in self-education
3. Associate another lawyer in the case (Must have consent of the client)
Regarding Breach under Malpractice Liability, is it malpractice for a bad tactical judgment?
no, not ever
What are the three limitations regarding Zealous Advocacy?
1. Abuse of process
a. frivolous claims prohibited
b. duty to expedite litigation
c. deliberate circumvention of rules of evidence
2. lying and deceit
3. duty of candor
4. Improper Influence
5. Disruptive conduct
When must an attorney legal authority?
The attorney must call to the attention of the tribunal if
1. Controlling jurisdiction
2. Know its directly adverse
3. Not disclosed by opponent.
What should the lawyer do if the client has committed or intends to commit purjury?
1. urge the client to testify truthfully or recant false testimony
2. Seek to withdraw even if withdrawal results in mistrial
What is the rules regarding paying witnesses?
Lawyer shall not offer any unlawful inducements to a witness, However, proper payments include:
1. Travel, meals and lodging
2. Compensation for lost time
3. Reasonable expert fees but no contingencies
May a lawyer testify in a case for which he is an advocate?
Regarding Trial Publicity, what are items the attorney can discuss?
1. Right to reply- To protect client from substantial undue prejudical effect of recent publicity not inititatied by self
2. Dry Facts- Information already in public record, defense involved, names of people involved, step in litigation
What is the rule regarding conflicts of interests?
Lawyer must not allow personal interests, or interest of another client or 3rd party to interfere with loyalty to his client.