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5 Cards in this Set
- Front
- Back
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Would a lawyer who states that he is an expert/specialist be held to higher standard or reasonable standard?
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Higher standard
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Three option that a lawyer may use under Competence Rule? What are they?
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Refuse the case
Accept the case - undertake the work or study necessary to gain competence in the matter. Accept the case -with client consent, associate with a lawyer who is competent |
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Can a lawyer give legal help in a emergency situation?
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yes
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Issues surrounding malpractice: Differences between neglect and negligence
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Neglect - willful disregard of client's interest or indifference to the client's needs.
Negligence - generally a mistake/or ommission - it can be error in judgment |
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Consider a malpractice?
(third party privity- when the lawyer is negligent which causes damages to the third party. The client has the burden of proof "but for" atty's neglience the outcome would have been different and the atty must have contribute significantly to it) |
Neglience
Fraud/misrepresentation Breach of contract Breach of Fiduciary duty or statute of limitations, client lose money, client incurred expenses (note: A new attorney is held to the same reasonable standard as an attorney who have practiced for many years.) |
