Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
13 Cards in this Set
- Front
- Back
|
When does a concurrent conflict of interest arise?
|
(i) the representation of one client will be directly adverse to another client or
(ii) there is a significant risk that the representation of a client will be materially limited by the lawyer's responsibilities to another client, a former client, a third person or by the personal interests of the lawyer |
|
|
Are lawyer's conflicts imputed to their firm?
|
Yes
|
|
|
Can a lawyer use information relating to the representation of a client to the advantage of the lawyer or a third person?
|
No, only could do so with client consent
|
|
|
Can a client waive a conflict of interest of the attorney?
|
Yes, as long as lawyer reasonably believes he will be able to provide competent and diligent representation and each client consents
|
|
|
Can a lawyer represent a new client in a substantially related matter to that of a former client where the interests are materially adverse?
|
No, not with out consent of both prior client and new client.
|
|
|
Does the duty to maintain client confidentiality preserve past the attorney-client relationship termination?
|
Yes
|
|
|
If a corporation retains counsel, does the lawyer represent the corporation or the officers of the corporation.
|
Represents the corporation, conflicts of interest could arise.
|
|
|
When does a lawyer act competently under VA rules?
|
when he acts with the legal knowledge, skill, and preparation reasonably necessary for the representation.
Must put in requisite time and study if newb to become competent though. |
|
|
Does a lawyer have a duty to keep his client reasonably informed about their case?
|
Yes
|
|
|
Must a lawyer return property to a client if the client owes the attorney fees?
|
YES! at client request must return property furnished by the client and provide copies of materials client may need for continuing representation.
|
|
|
Must an attorney report another attorney's rule violations?
|
Yes, anything that would raise a substantial question as to that lawyer's honesty, trustworthiness, or fitness to practice law must be reported to appropriate authority.
|
|
|
Can a lawyer contact parties (e.g. potential witnesses)?
|
Yes, anyone, unless person is in the "control group" of an adversary. (e.g. CEO of a defendant corporation; contra, H.R. employees probably okay)
|
|
|
What is the only advice an attorney can give an unrepresented person (that if made a client would raise a conflict)?
|
"You are advised to secure counsel"
|
