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31 Cards in this Set
- Front
- Back
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Counsel can gain competence through |
Self-Study or Association. |
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You must keep client informed unless ? |
Client would act imprudently upon hearing the information. |
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Contingency agreements must |
1. Be in writing 2. Explain how the fees will be split. |
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Can you collect contingency on Family law |
No only on post-judgement. |
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Fee sharing must be done in what ways ? |
1. Split by work or all lawyers take joint responsibility. |
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When can you fee share with people who don't practice |
1. Retirement benefit for lawyer. 2. Family of deceased person 3. Fees recovered for a non-profit your representing. |
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You ______ reveal client confidence to prevent substantial harm |
MAY |
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Can your partners have sex with your clients? |
Yes but you can't |
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Can't rep. Adverse former client in ___ |
substantially similar manner unless given written consent. |
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Can lawyer rep firm's adverse former client? |
If he didn't receive confidential information. |
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Can you use information you learned representing former client? |
Absolutely not |
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What must a lawyer do if he sees corruption in the organization |
1. Must proceed in best interest of org. 2. Must tell higher ups. 3. May reveal information to reasonable extent necessary to prevent harm. |
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What do you do with an amount in controversy |
Keep the undisputed amount in trust account until dispute is resolved and pay out the rest. |
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When MUST you with draw |
1. If staying will violate law or ethics rule. 2. If you're impaired 3. If you're fired (but judge can make you stay ) |
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You may withdraw |
any time as long as it doesn't adversely affect client. |
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Can you sell off practice or practice area? |
Yes and yes |
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Can you sell off clients? |
NO ! If you sell off practice you must stop practicing in that area. |
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Can you bring a frivolous claim before the court? |
NO |
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If you reasonably believe a criminal defendant is lying do you have to let him testify? |
Yes unless you are certain. |
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Can you tell others not to testify ? |
No unless it's a relative or employee of client. |
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A lawyer cannot make statements that would ___ A trial |
Prejudice. |
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When can a lawyer be a witness |
1. testifying about uncontested issues and fees 2. Witness in partner's case if won't cause conlifct of interest adverse to partner's current or former client. |
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Corporate Lawyers are allowed to talk to what types of witnesses |
Can talk to higher-ups or people who regularly deal with lawyers but not to other parties about the case. |
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Can you misrepresent your role to somebody when talking to them? |
NO |
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Can a firm be liable for misconduct? |
No only the attorney that authorized it. |
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When can you decline court appointment to represent client |
1. If it violate ethics rule, 2. Result in unreasonable financial burden 3. Or so repugnant it will impair ability to represent client. |
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When can you have a referral agreement |
When it's with another professional, client is informed and it's not exclusive. |
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Advertising material must |
say "Advertising material on email , voicemail , text etc" . |
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Do BAR applicants have a duty to report other applicants? |
No unless it raises substantial question as to lawyer's fitness as a layer. |
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Non constable conlifct for a judge is |
Bias |
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Can attorney give judges campaign contributions? |
Yes if reasonable and given to the campaign committee. |
