4 Flashcards
Attorney-Client Relationship
Duties Owed to Clients (the 4 C’s)
1. ?
2.
3.
4.
- Competence
Attorney-Client Relationship
Duties Owed to Clients (the 4 C’s)
1.
2. ?
3.
4.
- communication
Attorney-Client Relationship
Duties Owed to Clients (the 4 C’s)
1.
2.
3. ?
4.
- Confidentiality
Attorney-Client Relationship
Duties Owed to Clients (the 4 C’s)
1.
2.
3.
4. ?
- Conflict of Interest/ Resolution
Attorney-Client Relationship
Duties Owed to Clients (the 4 C’s)
1.
2.
3.
4.
- Competence
- Communication
- Confidentiality
- Conflict of Interest Avoidance/ Resolution
Rule 1.18
Duties to Prospective Clients
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 ________ _______.
Prospective Client
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.
person
lawyer
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.
possibility
forming
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.
respect to a matter
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 prospective client.
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.
shall not
(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.
use or reveal
(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 ______ ______.
former client
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). !!
!!
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
affected client
prospective client
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 ______.
informed consent
confirmed in writing
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
reasonable measures
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
avoid exposure
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
disqualifying
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
reasonably necessary
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)
disqualified lawyer
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
timely screened
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.
fee
written notice
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
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
When a prospective client consults with the attorney, the prospective client is entitled to _________ _________.
attorney confidentiality
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
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
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
Rule 1.18 Duties to Prospective Clients
__________ can be written, oral or electronic. Comment 2.
Consultation
Rule 1.18 Duties to Prospective Clients
Consultation can be _______________________. Comment 2.
written
oral
electronic
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
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
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
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.
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
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
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
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
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
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
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
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
Website Intake Best Practices
Incorporate ______ ________ on all electronic intake forms and communication channels.
robust disclaimers
Website Intake Best Practices
Incorporate robust disclaimers on ____ ______ _____ ________ and______ _______.
electronic intake forms and communication channels
Website Intake Best Practices
Use _______ _____ to filter and flag submissions for potential conflicts before assigning them to attorneys.
automated tools
Website Intake Best Practices
Use automated tools to _______ and ______ submissions for potential conflicts before assigning them to attorneys.
filter and flag
Website Intake Best Practices
Use automated tools to filter and flag ____________ for potential conflicts before assigning them to attorneys.
submissions
Website Intake Best Practices
Use automated tools to filter and flag submissions for ______ _______ before assigning them to attorneys.
potential conflicts
Website Intake Best Practices
Use automated tools to filter and flag submissions for potential conflicts before _________ them to _______.
assigning them to attorneys
Website Intake Best Practices
Include a ________ ________ requiring users to acknowledge the disclaimer before submitting sensitive details.
confirmation checkbox
Website Intake Best Practices
Include a confirmation checkbox requiring users to __________ the disclaimer before submitting sensitive details.
acknowledge
Website Intake Best Practices
Include a confirmation checkbox requiring users to acknowledge the ________ before submitting sensitive details.
disclaimer
Website Intake Best Practices
Include a confirmation checkbox requiring users to acknowledge the disclaimer before ________ ______ ________.
submitting sensitive details.
Best Practice Client Screening
____________ policies about screening process and monitor them strictly.
firm-wide
Best Practice Client Screening
Firm-wide policies about _______ _______ and monitor them strictly.
screening process
Best Practice Client Screening
Firm-wide policies about screening process and ________ them _______.
monitor them strictly
Best Practice Client Screening
__________ _______ that you follow in all telephone and in-person meetings.
Uniform script
Best Practice Client Screening
Uniform script that you follow in all __________ and ________ _______.
telephone
in-person meetings
Best Practice Client Screening
Firm’s website and any advertising has a _______ that communications do not form an attorney-client privilege.
disclaimer
Best Practice Client Screening
Firm’s website and any advertising has a disclaimer that __________ __ ___ ________ an attorney-client privilege.
communications do not form
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
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
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
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
Best Practice Client Screening
Avoid giving any _______ _______ during the consultation.
legal opinions
Best Practice Client Screening
Respond in ________ to every prospective client who contacts your office.
writing
Best Practice Client Screening
Respond in writing to every ________ _______ who contacts your office.
prospective client
