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23 Cards in this Set

  • Front
  • Back

two basic duties
Duty of confidentiality: keep confidential info private

Duty of loyalty: act on behalf of client interests

method to obtain client consent
Informed consent: lawyer must convey adequate info and explain risks of reasonably available alternatives

Confirmed in writing: signed

specific rules of conflicts of interest
Business transactions with clients

Info gained by representation


Media rights

Financial assistance

Payment from third person

Aggregation of separate settlements/pleas

Limiting liability

Proprietary interests

Sexual relations

Related lawyers

business transaction with clients re:conflict of interest
Business transaction with client: transaction must be 1) fair and reasonable and ; 2) fully disclosed in writing; 3) client advised in writing to seek independent counsel; 4) client given reasonable to do so; 5) and client gives informed consent in writing

payment from third person rule
Payment from third person: informed consent required and independent lawyer judgment must not be compromised; information regarding to representation must be protected from third person

when lawyers can limit their liability
Limiting liability: lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making agreement; shall not settle claim for malpractice with unrepresented client unless person is advised in writing that he should seek independent counsel and given opportunity to

rule re:conflict imputed to all lawyers in firm
Conflict imputed to all lawyers in firm: none of firm members shall represent client when one practicing alone would be prohibited, unless prohibition based on personal conflict of prohibited lawyer and does not present significant risk of materially limiting representation of the client
Conflict of interest re:prospective client consultations
Conflict of interest requirements: lawyer shall not represent client with interests materially adverse to prospective client in same or substantially related matter if info received that could harm person in matter

Firm also disqualified unless reasonable measures taken to avoid info, lawyer screened, and no fees given to the lawyer/client is given notice; everyone must agree

rule re:confidentiality (when can lawyer reveal information?)
Lawyer shall not reveal information relating to representation unless client gives 1) informed consent, OR 2) disclosure impliedly authorized, OR 3) disclosure is permitted by RPCs

types of situations lawyer must/may reveal otherwise confidential information
Death/bodily harm (must)

Intent to commit crime (may)

Intent to commit fraud (may)

To secure legal advice (may)

To protect lawyer (may)

Required by court (may)

Breach by court appointed fiduciary (may)
Time limits for nondisclosure of information
Time limits: duty of nondisclosure covers period prior to and subsequent to creation of relationship

Lawyer must protect confidential info even if no relationship

After relationship terminates, lawyer must continue to protect info; shall not use info related to for detriment of former client or for lawyer’s own purposes without informed consent

rule re:client perjury and false evidence
Client perjury/false evidence: lawyer must be candid with tribunal and shall not offer evidence knowing falsity; if lawyer learns evidence is false, lawyer must notify tribunal unless prohibited by RPCs; if prohibited, lawyer shall take reasonable steps to obtain client consent to disclosure; if refusal, lawyer may withdraw

supervisory duties/coverage under RPC
Supervisory duties/subordinate lawyers: if lawyer is direct supervisor, lawyer covered by RPC; partners and supervising lawyers shall make reasonable efforts to ensure everyone follows rules; supervisory lawyer shall make reasonable steps to assure those they supervise comply with the RPCs

Imputed liability: LIABLE if if lawyer orders or with specific knowledge ratifies the conduct OR if supervisory lawyer knows conduct when its consequences can be avoided or mitigated, but lawyer fails to take reasonable remedial action

subordinate lawyer coverage
Subordinate lawyer: does not violate RPCs if lawyer acts in accordance with supervisor’s reasonable resolution of an arguable question of professional duty

nonlawyer assistant liability under RPC
Nonlawyer assistant liability: if conduct of person would be in violation of RPCs if engaged by lawyer AND lawyer ordered or with specific knowledge ratified the conduct OR if supervisory lawyer knows of conduct when its consequences can be avoided or mitigated, but fails to take reasonable remedial action
Advertising rules
Lawyer shall not make a false or misleading communication about lawyer or lawyer’s services

No statements about quality, even if objectively true; if reasonable person led to form unjustified expectation, statements are considered false and misleading even if true

No statements about specialization, except patent/trademark; may say practice is limited or has emphasis on certain area of law; if certified, must indicate that WA Supreme Court does not recognize specialties

No statements about ability to influence a court or public body

Direct mail solicitation allowed, even targeted

In person solicitation, including telephone/real time electronic communication, generally not allowed unless there some pre-existing relationship between lawyer and prospective - allowed for friends, family, former clients
Criminal prosecutor extra duties
Criminal prosecutors have additional duty to seek justice

Must not prosecute someone unless there is probable cause that the person is guilty of crime of charged

Must advise defendant of need to obtain counsel; disclose info that mitigates guilty

Avoid extrajudicial statements that could prejudice proceedings
Fee agreements
Fee agreement: may be oral, but always wise to have writing before commencing representation; lawyer must communicate to client basis or rate of fee at any time requested by client
Contingent fees
Contingent fees: must always be in writing; not allowed in criminal or dissolution matters; allowed in post dissolution matters; must specify if fee is on gross or net recovery; when taken, lawyer must provide client with accounting showing how fee is calculated; client always has right to have court review
Retainer fees
Retainers: must be in writing; definition = fee client pays to be available during specific period or on specific case, in addition to and apart from any compensation for legal services performed; differentiated from advance payment of fees and cost (those go in trust account); must be signed by client and is lawyer’s property upon receipt - doesn’t go into trust account
Flat fees
Flat fees: must be in writing; charge by lawyer constituting complete payment for specified legal services; paid in advance or in party in exchange of the lawyer providing the services; signed writing shall include scope of services, amount of fee and terms of payment, fee is the lawyer’s property/not in trust, does not alter ability of client to terminate lawyer’s services, and client entitled to refund if services not performed

mandatory withdrawal
Mandatory withdrawal necessary when lawyer discharged, continued representation violates RPC, lawyer’s physical or mental condition unreasonably impairs lawyer’s ability to represent the client

permissive withdrawal
Permissive withdrawal may be appropriate when no material adverse affect on client; client persists in/uses lawyer to perpetrate criminal/fraudulent conduct; lawyer considers clients acts repugnant; representation becomes unduly burdensome; fails to pay bill and warning is given to client of withdraw; or any other good cause/valid reason