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Professional Responsibility - White Midterm > 4 > Flashcards

4 Flashcards

1
Q

Attorney-Client Relationship

Duties Owed to Clients (the 4 C’s)
1. ?
2.
3.
4.

A
  1. Competence
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2
Q

Attorney-Client Relationship

Duties Owed to Clients (the 4 C’s)
1.
2. ?
3.
4.

A
  1. communication
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3
Q

Attorney-Client Relationship

Duties Owed to Clients (the 4 C’s)
1.
2.
3. ?
4.

A
  1. Confidentiality
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4
Q

Attorney-Client Relationship

Duties Owed to Clients (the 4 C’s)
1.
2.
3.
4. ?

A
  1. Conflict of Interest/ Resolution
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5
Q

Attorney-Client Relationship

Duties Owed to Clients (the 4 C’s)
1.
2.
3.
4.

A
  1. Competence
  2. Communication
  3. Confidentiality
  4. Conflict of Interest Avoidance/ Resolution
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6
Q

Rule 1.18

A

Duties to Prospective Clients

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7
Q

Rule 1.18(a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a ________ _______.

A

Prospective Client

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8
Q

Rule 1.18(a): A _______ who consults with a _______ about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.

A

person

lawyer

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9
Q

Rule 1.18(a): A person who consults with a lawyer about the _________ of ________ a client-lawyer relationship with respect to a matter is a prospective client.

A

possibility

forming

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10
Q

Rule 1.18(a): A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with _______ to a ________ is a prospective client.

A

respect to a matter

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11
Q

Rule 1.18(a):

A

A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.

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12
Q

Rule 1.18(b)

(b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client ______ _______ use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client.

A

shall not

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13
Q

(b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not _____ ___ ______ that information, except as Rule 1.9 would permit with respect to information of a former client.

A

use or reveal

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14
Q

(b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a ______ ______.

A

former client

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15
Q

Rule 1.18(c)

(c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d). If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter, except as provided in paragraph (d). !!

A

!!

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16
Q

Rule 1.18(d)
When the lawyer has received disqualifying information as defined in paragraph ©, representation is permissible if:
(1) Both the _____ ______ and the _____ ______ have given informed consent, confirmed in writing OR

A

affected client

prospective client

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17
Q

Rule 1.18(d)
When the lawyer has received disqualifying information as defined in paragraph ©, representation is permissible if:
(1) Both the affected client and the prospective client have given _____ ______, _____ in ______.

A

informed consent

confirmed in writing

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18
Q

Rule 1.18(d)
When the lawyer has received disqualifying information as defined in paragraph ©, representation is permissible if:
(2) The lawyer who received the information took ________ _______ to avoid expose to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; AND

A

reasonable measures

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19
Q

Rule 1.18(d)
When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if:
(2) The lawyer who received the information took reasonable measures to _____ ______ to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; AND

A

avoid exposure

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20
Q

Rule 1.18(d)
When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if:

(2) The lawyer who received information took reasonable measures to avoid exposure to more _________ information than was reasonably necessary to determine whether to represent the prospective client; and

A

disqualifying

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21
Q

Rule 1.18(d)

When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if:

(2) The lawyer who received information took reasonable measures to avoid exposure to more disqualifying information than was _______ ________ to determine whether to represent the prospective client; and

A

reasonably necessary

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22
Q

Rule 1.18(d)

When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if:

(2) The lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and
(i) The _______ _______ is timely screened from any participation in the matter and is apportioned no part of the fee therefrom AND
(ii)

A

disqualified lawyer

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23
Q

Rule 1.18(d)

When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if:

(2) The lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and
(i) The disqualified lawyer is _____ _______ from any participation in the matter and is apportioned no part of the fee therefrom; AND

A

timely screened

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24
Q

Rule 1.18(d)

When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if:

(2) The lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and
(i) The disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the _____ therefrom; and
(ii) ________ _______ is promptly given to the prospective client.

A

fee

written notice

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25
A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. A lawyer owes this person ____________ and ______ ______ consultation. Lawyer may not represent a client in the same or a substantially related matter to a matter in which the lawyer consulted the PC with interests’ material adverse to the lawyer’s client.
confidentiality conflict-free
26
A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. A lawyer owes this person confidentiality and conflict-free consultation. Lawyer may not represent a client in the ________ or _________ ________ matter to a matter in which the lawyer consulted the PC with interests’ material adverse to the lawyer’s client.
same or a substantially related
27
When a prospective client consults with the attorney, the prospective client is entitled to _________ _________.
attorney confidentiality
28
When a prospective client consults with the attorney, the prospective client is entitled to attorney confidentiality. BUT if an attorney-client relationship does not ensue, the attorney ___________________ from representing another party with interests materially adverse to the prospective client in the same or substantially related matter unless the lawyer received information from the prospective client that could be significantly harmful to the person in the matter. RULE 18.1(c)
is not prohibited
29
Rule 1.18 Duties to Prospective Clients Should receive, ________, __________, of the protections afforded to clients (i.e., confidentiality, competence). Comment 1
some, but not all
30
Rule 1.18 Duties to Prospective Clients Should receive, some, but not all, of the protections afforded to ________ (i.e., confidentiality, competence). Comment 1.
clients
31
Rule 1.18 Duties to Prospective Clients __________ can be written, oral or electronic. Comment 2.
Consultation
32
Rule 1.18 Duties to Prospective Clients Consultation can be _______________________. Comment 2.
written oral electronic
33
Rule 1.18 Duties to Prospective Clients A ________ does not occur if the person provides information in response to advertising that merely describes the lawyer's education, experience, and other general background information. Comment 2.
consultation
34
Rule 1.18 Duties to Prospective Clients A consultation does not occur if the person provides information in response to __________ that merely describes the lawyer's ________, _________, and other general background information. Comment 2.
adv ertising education experience
35
Rule 1.18 Duties to Prospective Clients A consultation does not occur if the person ________ ________ in response to advertising that merely describes the lawyer's education, experience, and other _______ _______ __________. Comment 2.
provides information general background information
36
Rule 1.18 Duties to Prospective Clients A consultation does not occur if:
the person provides information in response to advertising that merely describes the lawyers education, experience, and other general background information. Comment 2.
37
Rule 1.18 Duties to Prospective Clients ________ ________ without any expectation a lawyer is willing to discuss forming a relationship is NOT a prospective client.
Unilateral communication
38
Rule 1.18 Duties to Prospective Clients Unilateral communication without any expectation a lawyer is willing to discuss _________ a _________ is NOT a _________ ________.
forming a relationship prospective client
39
Rule 1.18 Duties to Prospective Clients A __________ is likely to have occurred if a lawyer, either in person or through the lawyer's advertising in any medium, specifically requests or invites the submission of information about a potential representation without clear and reasonably understandable warnings and cautionary statements that limit the lawyer's obligations, and a person provides information in response.
consultation
40
Rule 1.18 Duties to Prospective Clients A consultation is ________ to have _______ if a lawyer, either in person or through the lawyer's advertising in any medium, specifically requests or invites the submission of information about a potential representation without clear and reasonably understandable warnings and cautionary statements that limit the lawyer's obligations, and a person provides information in response.
likely to have occurred
41
Rule 1.18 Duties to Prospective Clients A consultation is likely to have occurred if a lawyer, either ____ _______ or through the lawyer's ____________ in any medium, specifically requests or invites the submission of information about a potential representation without clear and reasonably understandable warnings and cautionary statements that limit the lawyer's obligations, and a person provides information in response.
in person advertising
42
Rule 1.18 Duties to Prospective Clients A consultation is likely to have occurred if a lawyer, either in person or through the lawyer's advertising in any medium, ________ __________ or invites the submission of information about a potential representation without clear and reasonably understandable warnings and cautionary statements that limit the lawyer's obligations, and a person provides information in response.
Specifically requests
43
Rule 1.18 Duties to Prospective Clients A consultation is likely to have occurred if a lawyer, either in person or through the lawyer's advertising in any medium, ________ __________ or __________________________ about a potential representation without clear and reasonably understandable warnings and cautionary statements that limit the lawyer's obligations, and a person provides information in response.
specifically requests invites the submission of information
44
Rule 1.18 Duties to Prospective Clients A consultation is likely to have occurred if a lawyer, either in person or through the lawyer's advertising in any medium, specifically requests or invites the submission of information about a potential representation without clear and ___________ ___________ __________- and cautionary statements that limit the lawyer's obligations, and a person provides information in response.
reasonably understandable warnings
45
Website Intake Best Practices Incorporate ______ ________ on all electronic intake forms and communication channels.
robust disclaimers
46
Website Intake Best Practices Incorporate robust disclaimers on ____ ______ _____ ________ and______ _______.
electronic intake forms and communication channels
47
Website Intake Best Practices Use _______ _____ to filter and flag submissions for potential conflicts before assigning them to attorneys.
automated tools
48
Website Intake Best Practices Use automated tools to _______ and ______ submissions for potential conflicts before assigning them to attorneys.
filter and flag
49
Website Intake Best Practices Use automated tools to filter and flag ____________ for potential conflicts before assigning them to attorneys.
submissions
50
Website Intake Best Practices Use automated tools to filter and flag submissions for ______ _______ before assigning them to attorneys.
potential conflicts
51
Website Intake Best Practices Use automated tools to filter and flag submissions for potential conflicts before _________ them to _______.
assigning them to attorneys
52
Website Intake Best Practices Include a ________ ________ requiring users to acknowledge the disclaimer before submitting sensitive details.
confirmation checkbox
53
Website Intake Best Practices Include a confirmation checkbox requiring users to __________ the disclaimer before submitting sensitive details.
acknowledge
54
Website Intake Best Practices Include a confirmation checkbox requiring users to acknowledge the ________ before submitting sensitive details.
disclaimer
55
Website Intake Best Practices Include a confirmation checkbox requiring users to acknowledge the disclaimer before ________ ______ ________.
submitting sensitive details.
56
Best Practice Client Screening ____________ policies about screening process and monitor them strictly.
firm-wide
57
Best Practice Client Screening Firm-wide policies about _______ _______ and monitor them strictly.
screening process
58
Best Practice Client Screening Firm-wide policies about screening process and ________ them _______.
monitor them strictly
59
Best Practice Client Screening __________ _______ that you follow in all telephone and in-person meetings.
Uniform script
60
Best Practice Client Screening Uniform script that you follow in all __________ and ________ _______.
telephone in-person meetings
61
Best Practice Client Screening Firm's website and any advertising has a _______ that communications do not form an attorney-client privilege.
disclaimer
62
Best Practice Client Screening Firm's website and any advertising has a disclaimer that __________ __ ___ ________ an attorney-client privilege.
communications do not form
63
Best Practice Client Screening Begin every __________ by telling the prospective client that you have not agreed to represent them and that you are not their attorney.
consultation
64
Best Practice Client Screening Begin every consultation by telling the ________ _________ that you have not agreed to represent them and that you are not their attorney.
prospective client
65
Best Practice Client Screening Begin every consultation by telling the prospective client that you _____ _____ ______ to represent them and that you are not their attorney.
have not agreed
66
Best Practice Client Screening Begin every consultation by telling the prospective client that you have not agreed to _________ them and that you are not their _________.
represent attorney
67
Best Practice Client Screening Avoid giving any _______ _______ during the consultation.
legal opinions
68
Best Practice Client Screening Respond in ________ to every prospective client who contacts your office.
writing
69
Best Practice Client Screening Respond in writing to every ________ _______ who contacts your office.
prospective client

Professional Responsibility - White Midterm (25 decks)

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