1.16(a) Flashcards by Jamone Car

Rule 1.16:

Declining or Terminating Representation

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Declining or Terminating Representation

Rule 1.16

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Declining or Terminating Representation
Rule 1.16(a):

A _______ ________ inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation.

lawyer shall

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Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall ______ ______ and _______ ____ ______ and circumstances of each representation to determine whether the lawyer may accept or continue the representation.

inquire into and assess the facts

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Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall inquire into and assess the facts and ___________ of each representation to determine whether the lawyer may accept or continue the representation.

circumstances

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Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall inquire into and assess the facts and circumstances of _____ ___________ to determine whether the lawyer may accept or continue the representation.

each representation

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Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall inquire into and assess the facts and circumstances of each representation to _______ _________ the lawyer may accept or continue the representation.

determine whether

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Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the _______ may accept or continue the representation.

lawyer

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Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer ______ _________ or continue the representation.

may accept

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Declining or Terminating Representation
Rule 1.16(a):

A laywer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or ________ _______ ___________.

continue the representation

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Declining or Terminating Representation
Rule 1.16(a):

shall not

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Declining or Terminating Representation
Rule 1.16(a):

represent

representation

commenced

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Declining or Terminating Representation
Rule 1.16(a):

withdraw

representation

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Declining or Terminating Representation
Rule 1.16(a):

representation

violation

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Declining or Terminating Representation
Rule 1.16(a):

rules of professional conduct

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Declining or Terminating Representation
Rule 1.16(a):

The representation will result in violation of the Rules of Professional Conduct or other law.

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Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation. Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
1.
2. The lawyers _______ or _______ __________ materially impairs the lawyer’s ability to represent the client.
3.
4.

physical or mental condition

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Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation. Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
1.
2. The lawyers physical or mental condition _______ ________ the lawyer’s ability to represent the client.
3.
4.

materially impairs

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Declining or Terminating Representation
Rule 1.16(a):

The lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client.

Declining or Terminating Representation
Rule 1.16(a):

discharged

Declining or Terminating Representation
Rule 1.16(a):

the lawyer is discharged

Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation. Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
1.
2.
3.
4. the _______ or ________ ______ seeks to use or persists in using the lawyer’s services to commit or further a crime or fraud, despite the lawyer’s discussion pursuant to Rules 1.2(d) and 1.4(a)(5) regarding the limitations on the lawyer assisting with the proposed conduct.

client or prospective client

Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation. Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
1.
2.
3.
4. The client or perspective client seeks to _____ or ______ in _______ the lawyer’s services to commit or further crime or fraud, despite the lawyer’s discussion pursuant to Rules 1.2(d) and 1.4(a)(5) regarding limitations on the lawyer assisting with the proposed conduct.

use or persists in using

Declining or Terminating Representation
Rule 1.16(a):

A lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation. Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
1.
2.
3.
4. The client or perspective client seeks to or persists in using the lawyer’s _______ to _____ or _____ _____ or _______, despite the lawyer’s discussion pursuant to Rules 1.2(d) and 1.4(a)(5) regarding limitations on the lawyer assisting with the proposed conduct.

services

commit or further crime or fraud

Fraud and Fraudulent 1.0(d)

Fraud or Fraudulent denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive

Reasonable 1.0(h)

Reasonable or Reasonably when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer

Reasonably Believes 1.0(i)

Reasonable Belief or Reasonably Believes when used in reference to a lawyer denotes the conduct of a reasonably prudent and competent lawyer

Tribunal 1.0(m)

Tribunal denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party's interests in a particular matter.

ADD COMMENTS

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer _____ ________ from representing a client if:

may withdraw

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer may withdraw from representing a client if: (1) Withdrawal can be accomplished without _______ ______ ______ on the interests of the client.

material adverse effect

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer may withdraw from representing a client if: (1) _________ can be _______ without material adverse effect on the ________ of the client.

withdraw accomplished interests

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer may withdraw from representing a client if: (2) The ______ ______ in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent.

client persists

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer may withdraw from representing a client if: (2) The client persists in a course of action involving the _______ ________ that the lawyer reasonably believes is criminal or fraudulent.

lawyer's services

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer may withdraw from representing a client if: (2) The client persists in a course of action involving the lawyer's services that the lawyer ________ _______ is criminal or fraudulent.

reasonably believes

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer may withdraw from representing a client if: (2) The client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is _______ or ________.

criminal or fraudulent

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer may withdraw from representing a client if: (3) The client has used the lawyer's services to perpetrate a ________ or ______.

crime or fraud

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer may withdraw from representing a client if: (4) The ______ ______ upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement.

client insists

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer may withdraw from representing a client if: (4) The client insists upon taking action that the lawyer considers ________ or with which the lawyer has a fundamental disagreement.

repugnant

Declining or Terminating Representation Rule 1.16(b): Except as stated in paragraph (c) a lawyer may withdraw from representing a client if: (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a ___________ __________.

fundamental disagreement.

Declining or Terminating Representation Rule 1.16(b): (5) The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will _______ unless the obligation is fulfilled.

withdraw

Declining or Terminating Representation Rule 1.16(b): (5) The _______ ______ ________ to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.

client fails substantially

Declining or Terminating Representation Rule 1.16(b): (6) The representation will result in an _________ _____ ________ on the lawyer or has been rendered unreasonably difficult by the client.

unreasonable financial burden

Declining or Terminating Representation Rule 1.16(b): (6) The representation will result in an unreasonable financial burden on the lawyer or has been rendered ________ ________ by the client.

unreasonably difficult

Declining or Terminating Representation Rule 1.16(b): (7) Other _____ _______ for withdrawal exists.

good cause

Declining or Terminating Representation Rule 1.16(c): A lawyer must comply with applicable law requiring _______ to or _________ of a ________ when terminating a representation. When orders to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.

notice permission of a tribunal

Declining or Terminating Representation Rule 1.16(d): Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to _____ a ______ ________, such as giving reasonable notice to the client allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law.

protect client's interests.