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54 Cards in this Set
- Front
- Back
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1.1–Competence
A lawyer shall. . . |
provide competent representation, which requires the legal knowledge, skill, thoroughness and preparation reasonable necessary for the representation.
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1.2––Scope of Representation
A lawyer shall. . . a,b,c,d |
a) abide by the client's decisions concerning the objectives of representation such as whether to settle, what plea to enter, whether to waive a jury trial and whether the client will testify
b) The representation does not constitute an endorsement of the clients political . . . views. c) Limit the scope of representation if it is reasonable d) Not counsel or assist a client to commit a criminal act or fraud, but he can discuss the legal ramifications. |
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1.3––Diligence
A lawyer shall. . . |
Act with reasonable diligence and promptness in representing a client.
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1.4––Communication
A lawyer shall. . . (A) (1)(2)(3)(4)(5) |
(1) Promptly inform the client of any decisions that require the clients informed consent
(2) Reasonable consult with the client about the way his objectives are to be accomplished (3) Keep the client reasonable informed about the status of his case (4) Promptly comply with reasonable requests for information (5) Explain the limitation of the lawyer's conduct in regards to the RPC |
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1.4––Communication
A lawyer shall. . . (B) |
Explain a matter to the extent as is reasonable necessary to permit the client to make informed decisions regarding his case.
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1.5––Fees (A)
Factors to be considered in determining the reasonableness of a fee. . . (1)(2)(3)(4)(5)(6)(7)(8) |
(1) Time and labor, difficulty and skill
(2) Will it preclude other employment (3) The fee normally charged in the area for similar legal services (4) Amount involved and results obtained (5) Time limitations imposed (6) Nature & length of the professional relationship w/client (7) Experience, reputation & ability of the lawyer (8) Whether the fee is fixed or contingent. |
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1.5––Fees (B)
A lawyer shall. . . |
Tell the client the rate of fee before representation occurs or within a reasonable amount of time. Preferable in writing if a new client.
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1.5––Fees (C)
A lawyer shall. . . |
Put contingent fees in writing stating the method in which the fee shall be paid and it must be signed by the client.
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1.5––Fees (D)
A lawyer shall NOT. . . (1)(2) |
(1) charge contingent fees for divorce proceedings unless it is post-judgment
(2) charge a contingent fee in a criminal matter. |
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1.5––Fees (E)
A lawyer shall divide his fees with other lawyers in the firm when. . . (1)(2)(3) |
(1) The lawyers performed services and share joint responsibility for the representation
(2) The client agrees to the arrangement and to how much each lawyer receives and it is in writing (3) The total fee is reasonable |
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1.6––Confidentiality of Information (A)
A lawyer shall NOT. . . |
Reveal information relating to the representation unless the client gives informed consent, the disclosure is implied, or it is permitted by subsection (B)
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1.6––Confidentiality of Information (B)
A lawyer MAY reveal info. . . (1)(2)(3)(4)(5)(6) |
(1) to prevent reasonable certain death or great bodily harm
(2) to prevent the client from committing crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another (3) To prevent or mitigate the above from happening (4) To ask legal advice about the lawyer's compliance with RPC (5) To establish a claim or defense in some controversy with the client. (6) TO COMPLY WITH OTHER LAW OR COURT ORDERS |
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1.7––Conflict of Interest: Current Clients (A)
A lawyer shall not represent a client if. . . (1)(2) |
(1) the representation is directly adverse another client
(2) There is a significant risk the representation of one client will be materially limited by the lawyer's responsibility to another client, former client, a third person, or by a personal interest of the lawyer. |
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1.7––Conflict of Interest: Current Clients (B)
A lawyer May represent the client if the four prong test is met. . . (1)(2)(3)(4) |
(1) the lawyer reasonably believes he can provide competent representation to each affected client.
(2) It's not prohibited by law (3) It's not a claim by one client directly against the other (can't serve two masters) (4) Each affected client gives informed consent in writing |
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1.7––Conflict of Interest: Current Clients
What is the MAIN ISSUE TO ADDRESS? |
Can the lawyer effectively advocate all possible positions that each client should take?
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Rule––1.1 Competence
A lawyer shall not. . . a,b,c |
a) handle a legal matter which the lawyer knows or should know that he is not competent to handle, without associating with a lawyer who it.
b) handle a legal matter without preparing adequately c) neglect a legal matter entrusted to the lawyer |
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Rule––1.8 Business Transactions (A)
A lawyer shall not enter into a Bus. Transaction with a client unless. . .(1)(2)(3) |
(1) The terms are fair, reasonable, and fully disclosed to the client in an understandable manner in writing.
(2) The client is advised in writing to seek advice of independent counsel (3) The client gives informed consent in writing of the essential terms. |
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1.8––Use of Client Information (B)
A lawyer shall not use. . .(1)(2)(3) |
(1) information relating to the representation of a client to that client's disadvantage.
(2) To do so violates the duty of loyalty (3) A third person cannot be used to circumvent this rule. |
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1.8––Gifts (C)
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A lawyer shall not solicit any substantial gift from a client, including a gift in a will, including preparing a document giving a gift to the lawyer or someone in his family UNLESS the lawyer and the client are related.
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1.8––Literary Rights (D)
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Prior to the conclusion of representation of a client, a lawyer cannot "sell" the "story".
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1.8––Literary Rights (D)
Does this apply to the lawyer's media rights prior to conclusion of a case? |
NO. A lawyer can "sell" a story about himself, however, a 1.7(a)(2) conflict could arise and the lawyer should get informed consent from his client.
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1.8––Financial Assistance to a Client (E)
A lawyer shall not provide financial assistance unless. . .(1)(2)(3) |
DURING CONTEMPLATED OR PENDING LITIGATION:
(1) the lawyer can advance costs & expenses of litigation, repayment contingent on the outcome of the case (2) When representing an indigent client you can pay court costs & expenses of litigation of his behalf. (3) You can assist the client in obtaining a loan through a litigation funding org. that will be repaid from the recovery. (you can't have an interest in the agency, you make sure the deal is fair, 1.6 is protected and 1.7(a)(2) isn't violated. |
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1.8––Financial Assistance to a Client (E)
Cite a good case that violated this rule. |
G.A. v. Funk
*the lawyer was suspended for giving $175 to his client to pay for prescription medication. |
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1.8––Third Party Compensation (F)
A lawyer shall not accept money for representation from one other than the client unless. . .(1)(2)(3) |
(1) Client give informed consent
(2) No interference with the lawyer's professional judgment or a/c relationship (3) 1.6 is protected |
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1.8––Limitation of liability Agreements (H)
A lawyer shall not. . .(1)(2) |
(1) make the client agree to limit the lawyer's malpractice liability unless the client is independently represented in making that agreement.
(2) Settle a malpractice claim for such liability unless the client is advised in writing the benefits of seeking independent counsel and is given opportunity to do so. |
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Rule 1.8––Proprietary interest in litigation (I)
A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of the litigation UNLESS. . .(1)(2) |
(1) to acquire a lien by law to secure attorney fees and expenses; and,
(2) contract with a client for a reasonable contingent fee in a civil case. |
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1.8––Imputation (K)
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If any of the 1.8 conflicts apply to a lawyer working in a firm, it is imputed to everyone working in the firm except for the sexual relationship one.
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1.9––Former Clients (A)
A lawyer who has formally represented a client in a matter SHALL NOT. . . |
represent a client in the same or substantially related matter in which that client's interests are materially adverse to the interests of the former client UNLESS the former client gives informed consent in writing.
*Think State Farm case |
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1.9––Former Clients (A) Analysis
What are the three steps. . .(1)(2)(3) |
(1) Is the matter materially adverse the former client? If no, there is no conflict.
(2) Is the matter the same or substantially similar to the former clients matter? If no, there is no conflict (3) The only way to proceed is to obtain informed consent in writing from the former client. *think Haagen-Dazs Case |
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1.9––Former Clients (A)
What is the Substantial Relations Test. . .(1)(2) |
(1) Is there a reasonable probability that confidences were disclosed that could be used against the former client? If yes, substantial relationship is presumed.
(2) If the facts of the two matters are similar whether or not the lawyer received 1.6 info, the test is still met |
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1.9––Former Client/Rule to Law Firms (B)
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If a lawyer leaves a firm, he can't represent someone against a client of the former firm in the same or substantially related matter without informed consent in writing.
*only applies where actual knowledge of 1.6 is demonstrated. |
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1.9––Former Client/Use of Information (C)
A lawyer who formerly represented a client shall not thereafter. . .(1)(2) |
(1) use the information relating to the representation to the disadvantage of the former client
(2) reveal information relating to the representation. 1.6 never dies! |
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1.10––Imputation/General Rule (A)
While associated in a firm no member of the firm shall knowingly represent a client when any one member would be prohibited under 1.7 or 1.9 UNLESS. . .(1)(2) |
(1) The prohibition is based on a personal interest, OR
(2) It doesn't present a significant risk of materially limiting the representation of the client by someone else in the firm, AND the disqualified lawyer is timely screened, written notice w/detail to former client, certification of compliance is given to the former client. |
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1.10––Imputation/Departing Lawyer (B)
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This prevents the FIRM from taking cases against the client that left with a departing lawyer where it's the same or substantially related matter AND the firm has 1.6 related to the matter.
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1.10––Imputation/Waiver (C)
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This is permissible as long as the conflict is not so direct and intense that the representation is per se impermissible. (directly adversary)
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1.11––Successive Government Private Employment (A)
A former government lawyer is subject to 1.9(c) in that. . .(1) |
He cannot use or reveal former client info and cannot in private practice represent a client in a matter in which he participated personally & substantially unless the government agency consents in writing.
*former prosecutor handled defendant's appeal of the very sentence he achieved in the case* |
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1.11––Imputation (B)
What happens when the former government attorney is screened off? |
The screened off attorney can have no access, no communication, no sharing in the fees to avoid the new firm from being disqualified.
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Rule 1.10 (A)(2) Screening Process
If a prohibition is based on 1.9(a) or (b), what is the screening process? (1)(2)(3) |
(1) The lawyer is timely screened and apportioned no part of the fee
(2) written notice promptly given to the former client to enable them to ascertain compliance with this rule, which will include (a) a description of the screening procedure, (b) a statement of the firm & lawyers compliance w/the rules, (c) a statement that review may be available before a tribunal, and (d) an agreement by the firm to respond promptly to any written inquiries or objections. (3) Cert. of Compliance with these rules and with the screening procedures are provided to the former client by the lawyer and by a partner of the firm. |
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1.11––Use of Gov't Information (C)
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A lawyer in knowing possession of confidential government information about a person obtained while working for the government, may not represent a private client whose interests are adverse to that person in which the information could be used to the material disadvantage of that person.
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1.11––Application of 1.7 and 1.9 to government lawyers (D)
a government lawyer shall not...(1)(2) |
(1) participate in a matter in which the lawyer participated personally and substantially while in private practice UNLESS the government agency gives informed consent in writing.
(2) while handling a case for the government, negotiate for employment with a party while the case is pending. Except a law clerk or arbitrator with the courts approval |
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1.12––Former Judge, Arbitrator (A)
A lawyer who was a former judge, etc, shall not. . . |
a) represent anyone in which he participated personally and substantially as a judge. . . unless all parties give informed consent in writing
*if disqualified here, you can be screened off |
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1.12––Former Judge (B)
A judge . . . shall not negotiate for what? |
Shall not negotiate for employment with any person who is involved as a party or as a lawyer for a party in a matter in which the judge is presiding over.
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1.12––Former Judge . . . (C) Imputation
If a lawyer is disqualified under (a), what is the screening process |
(1) the former judge . . . is timely screened from any part in the matter and receives no part of the fee; and
(2) written notice is promptly given to the parties & appropriate tribunal to enable them to ascertain compliance with this rule |
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1.13––Org. as Client (A)
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A lawyer employed or retained by an organization REPRESENTS the organization.
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1.13––Org. as Client (B)
If the lawyer KNOWS "something is going down" that is likely to result in substantial injury to the organization he must do what to mitigate? (1)(2)(3) |
(1) Asking for reconsideration of the matter (remonstrate with the offender)
(2) Advise that s separate legal opinion be obtained; and, (3) Refer the matter to a higher authority in the organization. |
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1.13––Org. as Client (C) Last Resort
If, despite the lawyer's efforts in (b), the highest authority insists on the "bad" actions the lawyer may... |
The lawyer may then and only then reveal information whether or not protected under 1.6, but only to the extent necessary to prevent the substantial injury/harm.
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1.13––Org. as Client (E)
If the lawyer believes he's been discharged because of his "up the ladder" steps or withdraws under those circumstances shall... |
proceed as the lawyer reasonable believes necessary to assure that the organizations highest authority is informed of the lawyer's discharge or withdrawal.
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1.14––Diminished Capacity (A)
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A lawyer shall as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
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1.14––Diminished Capacity (B)
When the client is at risk of substantial physical, financial or other harm the lawyer may. . .(1)(2) |
(1) Consult with individuals or entities that have the ability to take action to protect the client
(2) Seek the appointment of a guardian ad litem, conservator or guardian |
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1.14––Diminished Capacity (C)
When taking protective action under (b) a lawyer is impliedly authorized to what? |
He is authorized under 1.6 to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests.
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Rule 1.15(A)––Safekeeping Property
A lawyer shall. . .(a) |
a) hold property of clients separate from the lawyers own property. Funds shall be kept in a separate account in the state where the lawyer's office is situated or elsewhere w/consent of the client. complete records must be kept for 5 years.
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Rule 1.15(B)––Safekeeping Property
A lawyer may deposit the lawyer's own funds in a client trust account for what? |
b) only for paying bank service charges on that account.
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Rule 1.15(C)––Safekeeping Property
Legal fees and expenses that have been paid in advance. . . |
can be deposited into the client trust account to be withdrawn by the lawyer only as fees are earned or expenses incurred.
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Rule 1.15(D)––Safekeeping Property
A lawyer shall promptly notify the client when... |
promptly upon receiving funds and the lawyer shall promptly deliver the funds or property to the client AND upon request of the client promptly render a full accounting regarding such property.
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