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24 Cards in this Set

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What is fee-splitting with non-attorneys allowed?
1) Legal fees to widow of deceased attorney of firm
2) Non-lawyer employees in profit-sharing or retirement plan
What are rules regarding solicitation?
1)Generally allowed
2) Not for personal injury or wrongful death claims, unless prior professional/family relationship
What are requirements for advertising letter?
1) Say ADVERTISING MATERIAL in conspicuous letters
2) Cannot imply partnership or specialist exist if not there
What's the duty to disclose in regards to competence?
NONE!
What does duty of competence require?
Capable of handling without months of research
What are requirements for contingency fee agreemetns?
1) Must be in writing
2) explain how fee calculated
What happens if representation terminated prematurely in contingency fee case?
Get paid on an hourly (quantum meruit) basis.
Can an attorney of a corporation serve on its board?
Yes, but there must be fact-based examination of whether there is a conflict of interest
What duty does general counsel have if conflict between corporation and directors?
Duty to DISCLOSE the conflict to those you advise
What does confidentiality extend to?
1) Any information client expects to be so held
2) Any information that would embarrass or injure the client
What are the three times an attorney can reveal confidential information?
1) Client Consents
2) Court Order
3) Fraud on a third party by client
When MUST an attorney reveal confidential information (3)
1) Intent to commit ANY crime, but must first attempt to dissuade client first
2) Fraud on a tribunal, but first convince client to reveal
3) Defendant plans to perjure (1) Dissuade not to, then withdraw if necessary, or reveal to court.
What knowledge do you need before you reveal confidential information regarding fraud on a tribunal?
Actual knowledge of fraud
What are attorney's requirements if there is a POTENTIAL conflict of interest?
Must establish that attorney can exercise independent judgment on behalf of client
What are responsibilities when a 3rd party pays for representation?
1) Disclose to client any fees paid by 3rd party
2) Refuse to let 3rd party influence decision making
What's the standard for conflicts between former and current clients?
Cannot represent a new client in which you represented a former client in SAME MATTER or matter SUBSTANTIALLY RELATED to prior matter IF interest of new client is MATERIALLY ADVERSE to interest of former client without informed consent
What are the imputation rules for conflicts between former and current clients?
It is IMPUTED to the entire firm
What's the rule for former government attorneys and judges?
Cannot take matters dealt with in government, but can be SCREENED OFF.
What's the rule regarding an attorney changing firms?
A new firm is conflicted out of work if
1) new attorney worked on relevant matter
2) had access to confidential matter
What's the sanction for an attorney contacting a witness for the other party without informing the party's attorney?
NONE! You're allowed to this
What are witnesses allowed to be paid, if anything?
1) Travel expenses
2) Modest fee
When must you terminate an attorney-client relationship? (2)
1) Representation about to make you break law or forced to commit unethical act
2) Physically/mentally incapable of representing the person
When MAY you withdraw from an attorney-client relationship?
Can be done without material prejudice to client AND
1) Client is breaking law
2) Client is ignoring you
3) Placing unreasonable financial burden on practice
What must you do after relationship terminated?
Must return all documents in your possession