Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
6 Cards in this Set
- Front
- Back
|
ABA 1.0-Terminology |
(a) "Belief" or 'believes" means that the person involved actually supposed the fact in question to be true. (b) "Confirmed in writing," when used referring to the informed consent of a person, it means informed consent given in writing by a person or a writing that a lawyer promptly communicates to the person confirming an oral informed consent. Must be transmitted within a reasonable time, if it cannot be done at time of transmission (c) "Firm" or "law firm" means lawyer or lawyers in a law partnership, prof. corporation, sole proprietorship. authorized to practice law. (d) "Fraud" or "fradulent" means conduct that is fraudulent under the substantive or procedural law within the jxn (e) "Informed Consent" - means agreement by a person to a proposed course of conduct after lawyer has communicated adequate info. and explanation about the material risks of and reasonably available alternatives. (f) "Knowingly," "known," "knows," means actual knowledge of the fact in question (g) - "Partner" means a member of a partnership, shareholder in a law firm (h) "Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer. (m) tribunal means a court (n) writing as a tangible or electronic record of communication or representation, including handwritting, typewriting, printing. "Signed" writing with a symbol attached to it |
|
|
ABA 1.1-Competence |
-A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and prep. reasonably necessary for the representation. Knowledge can be obtained and thus become competent, just like a new lawyer.
|
|
|
CA Rule 3-110- Failing to Act Competently |
(A) An atty shall not intentionally, recklessly, repeatedly fail to perform legal services with competence. (B) "Competence" in any legal service means to apply 1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary for performance of such service (C)atty may perform services competently, even if atty does not have sufficient learning and skill when legal service is undertaken. Competency can be gained by 1) associating or consulting professionally with another atty believed to be competent; OR 2) by acquiring sufficient learning and skill before performance is required NOTE - Duty extends to supervise work of subordinate attys and agents. |
|
|
ABA 1.5 (e) - Fees |
(e) A division of a fee between lawyers who are not in the same firm may be made only if:
(1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation; (2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and (3) the total fee is reasonable. |
|
|
CA Rule 2-200 - Financial Arrangements Among Lawyers |
(A)Attys shall not divide fee for legal services with another atty, not a partner, associate or shareholder UNLESS: 1. Client has consented in writing after full disclosure outlining that fees will be divided and the terms of the division; AND 2. the total fee charges by all lawyers is not increased solely by the agreement among the attorneys and fee is not unconscionable as per 4-200 (B) Atty shall not compensate or give anything of value to any lawyer for the purpose of recommending or securing employment of an attorney or his firm. An atty offering or giving a GIFT or GRATUITY to any lawyer for a recommendation resulting in employment of the atty, is not a violation, given that the GIFT was not in consideration for any promise, agreement or understanding that GIFT would be forthcoming. |
|
|
CA Rule 3-500 - Communication |
An atty shall keep a client reas |
