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13 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Concurrent Conflicts
Generally Policy |
Protect CL CFI
Protect CL CF in LY. Encourage CL trust in LY. |
Preventative instead of retroactive policy. Prevent litigation.
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Concurrent Conflicts
Criminal ♞ Disqualification |
If Ω investigates + erroneously disqualifies ♘ ⊃ auto reversal.
⦁ denial choice of counsel. |
∈ 1: ✗ under 1.8(e)(1), but some states have a humanitarian exception.
∈ 2: ✓ Yes, under terms of rule, as no contemplated litigation. 1.8(e)(1) only applies to litigation, not transactional matters. |
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Rule 1: Lawyer-Client Relationship (LCR)
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1) Competence. 2) SoR and Allocation of Authority. 3) Diligence. 4) Communicants. 5) Fees. 6) Confidentiality of Information.
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1.1 Competent Representation
(DoCPT) |
Legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Managing workload. Maintaining competence.
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Context: Emergency, CL’s needs or interest,
Rea <> SoR. |
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Skill and Preparation
1.1 |
Issue’s complexity, specialized nature. LY’s general experience, experience in field, preparation, study, access to experts.
<> special training, experience. |
LY may take case and gain competence through study, consulting experts, etc.
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All legal problems require competence in. . .
1.1 |
Legal analysis of precedent, evaluation of evidence, legal drafting, issue spotting.
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Thoroughness and Preparation
1.1 |
Inquiry, analysis of facts, legal elements. Using rea methods, procedures, adequate preparation.
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Attention and Preparation
1.1 |
Interests at state, complexity, consequence.
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I.e. Major litigation, complex transactions vs lesser consequences.
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Maintaining Competence
1.1 |
Monitor changes in law, practice, CLE, continued study, education. Managing workload.
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1.2 SoR and Allocation of Workload.
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(a) CL controls ultimate ends of RP.
(b) RP is not endorsement. (c) SoR (d) Crime/Fraud (CRM/FRD) |
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1.2(a) CL controls Ends of RP
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Civil - objectives/ultimate purpose of RP. Settlement.
Criminal - Plea deals, jury trial waiver, ∆ testimony. @after LY consultation. # (c) SoR, (d) good faith, ~CRM/FRD |
@LY SHN bring meritless claim 3.1.
#LY SH promptly inform of settlement or plea. @ prior authorization 1.4[2] |
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1.2(a) Means of RP
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LY may conduct RP as IMP authorized by CL
# 1.4 communication. |
@defined by retainer in civil case. Protect LY and CL.
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Explain reasons for MRPC.
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The Rules of Professional Conduct (RPCs) set the standard that no lawyer may fall below without being subject to professional discipline.
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