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25 Cards in this Set
- Front
- Back
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belief means . . .
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Person involved actually supposed the fact in question to be true. May be inferred from circumstances.
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confirmed in writing means . . .
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1. written informed consent or
2. prompt written confirmation of oral informed consent |
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firm means . . .
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lawyer or lawyers in an org (including sole proprietorship) authorized to practice law, or in a legal services org, or an org's legal dept.
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fraud means . . .
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fraudulent conduct as defined by subst or proc law + purpose to deceive.
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informed consent means . . .
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agreement to a proposed course of conduct after being given adequate information and explanation about the material risks and reasonable alternatives.
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knowingly
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actual knowledge. May be inferred from circumstances.
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partner
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member of partnership, shareholder in law firm organized as prof org, or
member of an assoc authorized to practice law. |
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reasonable
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conduct of a reasonable prudent and competent lawyer.
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reasonable belief
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lawyer believes and the belief is reasonable under the circumstances.
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reasonably should know
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reasonable lawyer would ascertain.
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screened
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isolation from participation in a matter through procedures within a firm that are reasonably adequate under the circumstances to protect info that the isolated lawyer is obligated to protect under the rules or other law.
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substantial
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material matter of clear and weighty importance.
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tribunal
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court, binding arbitrator, or body acting in adjudicative capacity (legislative body, admin agency, or other). Requires a neutral officer who, after hearing evidence or argument, renders a binding legal judgment affecting a party's interest.
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writing
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tangible or electronic record of communication or representation including typewriting, printing, photostating, photography, audio, video, email. Signed = symbol (including electronic sound, symbol, or process, logically associated with a writing and executed or adopted by a person with intent to sign.
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rule 1.1 Competence
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competent representation requires:
1 legal knowledge, 2 skill, 3 thoroughness, and 4 prep reasonably necessary for the representation. What do you know? What can you do? Have you done enough? Are ready? |
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rule 1.2 Scope of representation
What are the client's rights? |
client controls: objectives of rep.
client is owed consult re means. Lawyer is impliedly authorized. Civil: settlement. Crim: plea, jury, testify |
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rule 1.2 Scope
What are the lawyer's rights? |
1 limit scope after ic
2 discuss legal consequences 3 counsel re a) validity, b)scope, c) meaning, and d) application of the law |
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rule 1.3 Diligence
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reasonable diligence and promptness.
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rule 1.4 Communication
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1) prompt re ic
2) reasonably consult re obj 3) reasonably inform re status 4) comply with reasonable rfi 5) consult re lawyer's legal limitations 6) reasonably explain to allow informed decisions about rep. |
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1.5 fees: how much?
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must be reasonable.
Factors: - work (time, labor, novelty, difficulty) - opportunity costs (preclusion of other work) - competition (custom for similar work) - value (amount involved and results obtained) - time limitations b/c of time and circumstances - nature & length of prof relationship - who is the lawyer? (experience, rep, ability) - risk (hourly or contingent) |
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1.5 fees: communication
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basis or rate w/i reasonable time of commencement
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1.5 fees: contingent fees
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signed by client,
must include method, %, expenses + when deducted, mandatory expenses, written accounting when done. |
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1.5 fees: prohibitions
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no contingency fees for:
1 domestic matter (divorse, alimony, property settlement) 2 crim defense 3 sharing: joint resp + proportional split + iccw + reasonable total 4 |
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When is client consent needed?
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Contingency fee
Shared fee Conflict of interest (current and former client, gov, judge, & prospective client (or screened)) |
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Circumstances requiring client signature
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contingency agreements, conflict of interests (joint business, aggregate settlement)
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