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;
15 Cards in this Set
- Front
- Back
|
What is Rule 3.5 of the Model Rules of Professional Conduct?
|
A lawyer cannot attempt to influence a judge, juror, or any other official. Neither can she communicate ex parte with any of these individuals except under circumstances permitted by law. [prohibits lawyer from attempting to bribe or influence persons associated with the case]
|
|
|
What is Rule 3.6 of the Model Rules of Professional Conduct?
|
A lawyer cannot make out of court statements to the press if it could prejudically affect a pending jury civil case or criminal proceeding that could result in incarceration. [rule attempts to strike a balance between a party's right to a fair trial and the public's right to free dissemination of information]
|
|
|
What is Rule 3.7 of the Model Rules of Professional Conduct?
|
A lawyer cannot be an advocate in a case in which the lawyer likely will be a witness except (1) when the testimony relates to an uncontested matter; (2) when the testimony concerns the type of value of legal services rendered in a case; or (3) when disqualification of the lawyer would pose a substantial hardship to the client. [when a lawyers combines the roles of advocate and witness - a conflict of interest can arise]
|
|
|
What is Rule 3.8 of the Model Rules of Professional Conduct?
|
A criminal prosecutor must not file a charge when she knows it is not supported by probable cause and must not do anything else that might unfairly prejudice an accused.
|
|
|
What is Rule 3.9 of the Model Rules of Professional Conduct?
|
A lawyer appearing before a legislative body or an administrative agency in a nontrial setting must disclose that her appearance is on behalf of a client but need not identify the client if the matter relates to law reform generally.
|
|
|
What is Rule 4.1 of the Model Rules of Professional Conduct
|
In the course of representing a client, a lawyer cannot make false statements about material facts or law to third persons and cannot withhold a material fact from a third person when disclosure is required to prevent a client from committing fraud or a crime. [the lawyer is not required to inform an opposing party of all facts he knows, however, facts cannot be misrepresented.]
|
|
|
What is Rule 4.2 of the Model Rules of Professional Conduct?
|
In representing a client, a lawyer cannot communicate with an opposing party directly or indirectly about the pending case when the lawyer knows that party is represented by counsel unless opposing counsel consents.
|
|
|
What is Rule 4.3 of the Model Rules of Professional Conduct?
|
While representing a client, a lawyer who comes into contact with an unrepresented person cannot do or say anything to lead that person to believe that the lawyer is disinterested. Also if a lawyer knows that an unrepresented person misunderstood the lawyer's role, the lawyer must correct the misunderstanding. [never give advice to a non-represented party except to retain counsel]
|
|
|
What is Rule 4.4 of the Model Rules of Professional Conduct?
|
While representing a client, a lawyer cannot use tactics that violate the legal rights of third persons or that have no purpose other than to embarrass, harass, or delay.
|
|
|
What is Rule 5.3 of the Model Rules of Professional Conduct?
|
Lawyers who employ legal assistants and other nonlawyers are required to take reasonable measures to ensure that the legal assistant's conduct is compatible with the lawyer's professional obligations.
|
|
|
What is Rule 5.4 of the Model Rules of Professional Conduct?
|
With limited exceptions, a lawyer cannot share fees with a nonlawyer and cannot enter a business relationship with a nonlawyer if any activities of the business involve the practice of law. In addition, when a person other than the client pays the lawyer's fee, that person cannot be permitted to interfere with the lawyer's independent judgment in providing legal services to the client.
|
|
|
What is Rule 5.5 of the Model Rules of Professional Conduct?
|
A lawyer cannot practice law in a jurisdiction where she is not authorized to do so. A lawyer cannot assist a nonlawyer to engage in the unauthorized practice of law in any jurisdiction.
|
|
|
What is Rule 5.6 of the Model Rules of Professional Conduct?
|
A lawyer cannot make an agreement that attempts to restrict another lawyer's right to practice.
|
|
|
What is Rule 6.1 of the Model Rules of Professional Conduct?
|
A lawyer should provide pro bono or reduced-fee legal services to people of limited means or to charitable organizations or should provide financial support to organizations that provide legal services for people of limited means.
|
|
|
What is Rule 7.1 of the Model Rules of Professional Conduct?
|
A lawyer cannot make a false or misleading statement about either the lawyer or the lawyer's services. Statements are prohibited if they contain a material misrepresentation of fact or law, if they are likely to create unjustified expectations about what the lawyer can do, or if they compare a lawyer's services with the services provided by other lawyers unless the comparison can be substantiated.
|
