Professional Responsibility

Front 1

A lawyer is subject to discipline when:

Back 1

1) violates or attempts to violate the RPC or knowingly assists another to do so
2) commits a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness to practice law
3) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation
4) engage in conduct prejudicial to the administration of justice

Front 2

Types of discipline in NV:

Back 2

1) private reprimand
2) public censure
3) suspension
4) disbarment

Front 3

Regulation after admission:

Back 3

1) report a violation by another lawyer
2) must be available to testify against the other lawyer

Front 4

Temporary admission to practice in NV - requirements:

Back 4

Must file a written application AND must be:
1) not a member of the NV Bar
2) not a resident of NV
3) not regularly employed in NV
4) not engaged in a substantial business, professional, or other activities in NV
5) is member in good standing and eligible to practice in any state bar
6) associates a local counsel in the matter

Front 5

Lawyers admitted in NV, but living outside NV with no office in NV - requirements:

Back 5

must designate a licensed NV attorney who maintains office in NV to receive service of all papers, process, or pleadings

NOTE: P.O. box and mail drop do not qualify as an office.

Front 6

Unauthorized practice of law - pro se litigants:

Back 6

Lawyer may give advice to a pro se litigant.

Front 7

Practice of law - examples:

Back 7

1) drafting legal documents
2) negotiating for clients
3) appear in hearings and depositions

Front 8

Non practice of law - examples:

Back 8

1) interview clients
2) fill in forms
3) draft memos

Front 9

Client's decisions in legal matters:

Back 9

the ones that impact the merits of the case - whether to:
1) file a lawsuit
2) testify
3) settle

Front 10

Attorney's decisions in legal matters:

Back 10

procedural, tactic, and strategy - including granting continuances

Front 11

Client's decisions - exceptions:

Back 11

An attorney must obey by the client's wishes, unless doing so will be illegal, unethical, or immoral.

Front 12

Fairness to opposing counsel - requirement:

Back 12

When a lawyer knows the identity of the opposing counsel, he may not take advantage of opposing counsel by causing any default or dismissal to be entered without first inquiring about opposing counsel's intention to proceed.

Front 13

Duty to take only cases that attorney can handle - requirements:

Back 13

1) physically & mentally able
2) legal knowledge
3) time to address

Front 14

Non-compete agreements - general rule:

Back 14

A lawyer may not enter into a non-competing agreement with his current partners or associates.

Front 15

Non-compete agreements - exceptions:

Back 15

1) retirement
2) to resolve a matter regarding departure from law firm

Front 16

Sale of law practice - requirements:

Back 16

1) must cease to practice law or the area of law sold in the geographic area for a reasonable period of time, but no less than 6 months
2) entire practice must be sold
3) written notice to each client by certified mail or in person specifying the right to retain other counsel or take possession of client file.

Front 17

Law firm names:

Back 17

must be appropriate and not misleading - any name of alive, retired, or deceased attorney, but NOT attorneys during periods when they are not actively practicing law (ambassadors).

Front 18

Specialization - requirements:

Back 18

1) recognized in patent and admiralty law
2) must be certified by NV Board of Governors
3) devotes at least 1/3 of the practice to that area for 2 years
4) completes 10 hours of CLE per year in area
5) carries a minimum of $500,000 in malpractice insurance, unless practicing exclusively public law
6) registers w/ State Bar, pays a fee, and submits annual reporting compliance forms

Front 19

Advertising - requirements:

Back 19

1) must be true and not misleading
2) not create unjustified expectations or make unverifiable comparison about quality of services
3) must include the name of at least one lawyer who is responsible for ad contents
4) if advertising contingent fees, must include "You may have to pay the opposing party's attorney's fees and costs in the event of loss."

Front 20

Advertising - filing requirements:

Back 20

1) must be filed with State Bar of NV w/n 15 days of first dissemination
2) ad must be retained by lawyer for 4 years along with a record of when and where it was used

Front 21

Contingent fees - requirements:

Back 21

1) clearly state terms and bases of the fee
2) the method by which fee is determined, including in the event of settlement, trial, or appeal
3) whether costs and expenses will be deducted from the recovery, and whether before or after the fee is calculated
4) whether client is responsible for expenses regardless of outcome
5) that in event of loss, client may be liable for opposing party's costs and fees
6) that a suit brought to harrass or coerce settlement may result in liability for malicious prosecution or abuse of process

Front 22

Solicitation of clients - general rule:

Back 22

No solicitation in person for lawyer's pecuniary gain.

Front 23

Solicitation of clients - exceptions:

Back 23

1) family members
2) lawyers
3) prior clients
4) pro bono cases

Front 24

Duty of confidentiality - lawyer MAY reveal confidential information:

Back 24

1) when required by law or court order
2) with client's informed consent or that which is impliedly authorized to carry out representation
3) to prevent reasonably certain death or substantial bodily harm
4) to prevent the client from committing a crime or fraud
5) to get legal advice
6) to establish claim or defense in a controversy with client

Front 25

Duty of confidentiality - lawyer SHALL reveal confidential information:

Back 25

to the extent the lawyer reasonably believes is necessary to prevent criminal act that the lawyer believes is likely to result in reasonably certain death or substantial bodily harm.

Front 26

Inadvertently sent and received confidential information:

Back 26

The lawyer must promptly notify the sender that the information was received.

Front 27

Conflicts of interest - types:

Back 27

1) obligations to other clients
2) lawyer's obligations to herself
3) obligations to the law firm

Front 28

Conflicts of interest - exception:

Back 28

A lawyer may accept a case with a conflict only if ALL clients give informed consent AND a reasonably prudent lawyer would take the case.

Front 29

Conflicts of interest - interest in subject matter of litigation:

Back 29

A lawyer cannot acquire an interest in the subject matter of litigation (books, TV, movies).

Front 30

Fee payment by 3rd party:

Back 30

The client still has control over decisions on the merits of the case.

Front 31

Limiting malpractice exposure:

Back 31

Not allowed, unless client has independent legal representation.

Front 32

Business transactions with clients:

Back 32

Not allowed, unless ordinary and fair to client.

Front 33

Disqualification from representation:

Back 33

When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or substantially related matter in which the lawyer had previously represented a client whose interests are materially adverse to that person, about which the lawyer has acquired confidential information, and where the information would be used to the former client's disadvantage that is material to the matter.

NOTE: Applies also to non-lawyers.

Front 34

Imputed disqualification:

Back 34

When a lawyer is disqualified due to a conflict, the firm is also disqualified, unless screening is sufficient.

NOTE: Applies also to non-lawyer employees.

Front 35

Screening of lawyers:

Back 35

Lawyers may be screened by prohibiting access to the file, any discussion about the file, and receiving no fees for the matter.

Front 36

Screening of lawyers - when impossible:

Back 36

when the lawyer had a substantial role in or primary responsibility for the matter

Front 37

Lawyer as a necessary witness:

Back 37

Cannot act as trial counsel, but may represent the client in the pre-trial state of the matter.

Front 38

Reasonable fees - factors:

Back 38

1) time & labor
2) novelty & difficulty of the quastions involved
3) requisite skills
4) customary fee within locality for similar work
5) experience, ability, and reputation of the attorney
6) interference with other employment of the attorney
7) time limitations imposed by client

Front 39

Contingent fees CANNOT be charged in:

Back 39

1) criminal cases
2) domestic relations cases

NOTE: child support and alimony arrears are NOT domestic matters (collection - contract law applies)

Front 40

Medical malpractice caps:

Back 40

40% of the first $50,000
1/3 of next $50,000
25% of next 50,000
15% of any amount over $600,000

Policy: to keep Nevada's doctors in the state

Front 41

Division of legal fees - with non-lawyers:

Back 41

Not allowed, except:
1) salaries, retirement plans, bonuses, profit sharing (employees)
2) spouses of deceased partners for fees earned by deceased
3) sharing court-awarded fees with non-profit organizations

Front 42

Division of legal fees - with other lawyers:

Back 42

Allowed if:
1) total fee is reasonable
2) client is advised
3) client agrees in writing

NOTE: divised fees do NOT have to be in proportion of work done and if lawyers do not retain joint responsibility of the case.

Front 43

Retainer - 2 types:

Back 43

1) advance on fees
2) availability retainer

Front 44

Rules for client trust accounts:

Back 44

1) identify as such and keep in facility approved by the State
2) must, unless you opt out, maintain an interest bearing account - the interest goes to the Nevada Law Foundation

Front 45

Retention of client records - time:

Back 45

7 years

Front 46

Client trust accounts - disputes over fees:

Back 46

the disputed amount must stay in client trust account until the dispute is resolved

Front 47

Subordinate lawyers - duties:

Back 47

obey the Rules and if accused can be excused for following directions, if reasonably appropriate

Front 48

Supervising attorneys - duties:

Back 48

obey the Rules and ensure that all subordinate lawyers follow them

Front 49

Supervising attorneys - if they know of violation:

Back 49

responsible if they ordered the conduct, ratified the conduct, or failed to take corrective action when they heard about the violation

Front 50

Ex parte contact with a judge - when allowed:

Back 50

1) de minimus
2) in emergencies
3) settlement conference

Front 51

Ex parte communications - corporations:

Back 51

Nevada follows the "managing speaking agent" test to determine which employee is a client for purposes of ex parte communication. The inquiry is whether the employee has the legal authority to bind the corporation in a legal evidentiary sense.

Front 52

Duty to disclose adverse legal authority:

Back 52

ONLY when it is from the controlling jurisdiction

Front 53

Withdrawal from representation - when MUST withdraw?

Back 53

1) representation will result in violation of the RPC or other law
2) attorney's physical or mental ability impair ability
3) fired
4) client persist in a course of action that lawyer believes is criminal or fraudulent

Front 54

Withdrawal from representation - when MAY withdraw?

Back 54

1) client used attorney's services to perpetrate a crime or fraud
2) client's objective is repugnant to lawyer
3) client fails to substantially fulfill an obligation to the lawyer
4) unreasonable financial burden to attorney
5) other good cause

Front 55

Duties upon termination of representation:

Back 55

1) give client a notice
2) give client client file
3) return unused portion of fees or retainer

Front 56

Special duties of prosecutors:

Back 56

1) proceed ONLY on probable cause
2) protect defendant's right to counsel
3) no seeking advantage from the unrepresented
4) disclose evidence that tends to negate guilt
5) limit extra-judicial statements of others under prosecutor's control
6) disclose new credible & material evidence before and after conviction
7) seek to remedy a conviction when prosecutor knows by "clear & convincing" evidence that a convicted defendant in the jurisdiction is innocent

Front 57

Duty of candor toward the tribunal:

Back 57

An attorney must not knowingly:
1) make a false statement of fact or law
2) fail to correct previously made false statement of fact or law
3) false to disclose legal authority adverse to lawyer's possition from the controlling jurisdiction
4) offer false evidence

Front 58

Duty of fairness to opposing party and counsel:

Back 58

A lawyer must not:
1) unlawfully obstruct another party's access to evidence or unlawfully alter, detroy, or conceal a document or other material having potentially evidentiary value
2) falsify evidence
3) knowingly disobey a obligation under the rules of a tribunal
4) make frivolous discovery requests
5) request a person other than a client to refrain from voluntarily giving relevant information to another party

Front 59

Lawyer's duties to clients - "Clients Love Fierce Counsel"

Back 59

C - confidentiality
L - loyalty
F - fiduciary duties
C - competence

Front 60

Lawyer's duties to others - "Courts Feel Differently"

Back 60

C - candor
F - fairness
D - dignity