6 Flashcards by Jamone Car

Model Rule 1.2

Scope of Representation & Allocation of Authority Between Client and Lawyer

How well did you know this?

Not at all

Perfectly

An important limit on lawyers: A lawyer shall not counsel a client to engage or assist a client in conduct that the lawyer knows is __________ or ________. MRPC 1.2.

criminal or fraudulent

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

_______ ______ the client of any decision or circumstance with respect to which the client’s informed consent is required by these rules.

promptly inform

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

Promptly inform the client of _____ _______ or ________ with respect to which the client’s informed consent is required by these rules.

any decision or circumstance

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

(1)

Promptly inform the client of any decision or circumstances with respect to which the client’s informed consent is required by these rules.

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

Promptly inform the client of any decision or circumstances with respect to which the _____ ______ _______ is required by these rules.

client’s informed consent

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:
(2) ______ _______ with the client about the means by which the client’s objectives are to be accomplished.

Reasonably consult

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

Reasonably consult with the client about the means by which the ______ _______ are to be accomplished.

client’s objectives

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

(2)

Reasonably consult with the client about the means by which the client’s objectives are to be accomplished.

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

Keep the client ______ _______ about the status of the matter.

reasonably informed

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

Keep the client reasonably informed about the ______ of the ______.

status of the matter

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

(3)

(3) keep the client reasonably informed about the status of the matter

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

_____ _______ with reasonable requests for ________.

promptly comply

information

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

promptly comply with _________ ________ for information.

reasonable requests

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:
(4)

Promptly comply with reasonable requests for information

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

_______ with the _____ about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

consult with the client

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

Consult with the client about any _______ _______ on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

relevant limitation

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:

Consult with the client about any relevant limitation on the ______ ________ when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

lawyer’s conduct

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:
(5)

Consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

How well did you know this?

Not at all

Perfectly

Rule 1.4 Communication.

A lawyer shall:
(b) Explain a matter to the extent _____ ________ to permit the client to make informed decisions regarding the representation.

reasonably necessary

A lawyer who receives from opposing counsel an offer of _________ in a civil controversy or a ________ ____ _______ in a criminal case must promptly inform the client of its substance unless the client has previously indicated that the proposal will be acceptable or unacceptable or has authorized the lawyer to accept or to reject the offer. Rule 1.4 Comment 2.

settlement

proffered plea bargain

A lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must _______ ______ ______ _______ of its substance unless the client has previously indicated that the proposal will be acceptable or unacceptable or has authorized the lawyer to accept or to reject the offer. Rule 1.4 Comment 2.

promptly inform the client

A lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must promptly inform the client of its substance unless the client has __________ ___________ that the proposal will be acceptable or unacceptable or has authorized the lawyer to accept or to reject the offer. Rule 1.4 Comment 2.

previously indicated

A lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must promptly inform the client of its substance unless the client has previously indicated that the proposal will be ___________ or ____________ or has authorized the lawyer to accept or to reject the offer. Rule 1.4 Comment 2.

acceptable or unacceptable

A lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal case must promptly inform the client of its substance unless the client has previously indicated that the proposal will be acceptable or unacceptable or has authorized the lawyer to _______ or to ________ the offer. Rule 1.4 Comment 2.

accept reject

At the outset of a representation, the client may authorize the lawyer to take specific action on the client's behalf without further consultation. Absent a material change in circumstances and subject to Rule 1.4, a lawyer may rely on such an advance authorization. The client may, however, ________ such authority at any time. Rule 1.4 Comment 3.

revoke

Criminal Defendants have the final say over: 1. ? 2. 3.

1. Plea to be entered

Criminal Defendants have the final say over: 1. 2. ? 3.

2. Whether to waive a jury trial

Criminal Defendants have the final say over: 1. 2. 3. ?

3. Whether to testify

Criminal Defendants have the final say over: 1. 2. 3.

1. Plea to be entered 2. Whether to waive a jury trial 3. whether to testify

Example: I need a divorce and my end goal is to get as much money as possible. I only want 50% custody of kids. Normally it is what is in the best interest of the kids. If the client has a strange objective but don’t assume the motives of the client. Not fair to impute _____ _____ ________ on Client. Don’t assume OBJECTIVES of the client.

Bad Man Perspective

Example: I need a divorce and my end goal is to get as much money as possible. I only want 50% custody of kids. Normally it is what is in the best interest of the kids. If the client has a strange objective but don’t assume the motives of the client. Not fair to impute Bad Man Perspective on Client. Don’t assume _________ of the client.

OBJECTIVES

Rule 1.2(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives _______ ________.

informed consent

Rule 1.2(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. What are the important pieces out of this?

Reasonable Informed Consent - you have to provide enough information to make sure the consent they are giving you is informed.

Presumption is that you are their attorney until they fire you or you withdraw. You cannot limit that unless you do it according to ________.

Rule 1.2(c)

__________ is that you are their attorney until they fire you or you withdraw. You cannot limit that unless you do it according to Rule 1.2(c).

Presumption

MRPC 1.0(e) _________ __________ denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

Informed Consent

MRPC 1.0(e) Informed consent denotes the __________ ____ _____ _____ to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

agreement by a person

MRPC 1.0(e) Informed consent denotes the agreement by a person to a _________ _______ ____ _________ after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

proposed course of conduct

MRPC 1.0(e) Informed consent denotes the agreement by a person to a proposed course of conduct after the _________ ______ _________ adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

lawyer has communicated

MRPC 1.0(e) Informed consent denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated _________ _________ and _________ about the material risks of and reasonably available alternatives to the proposed course of conduct.

adequate information and explanation

MRPC 1.0(e) Informed consent denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the ________ ______ of and reasonably available alternatives to the proposed course of conduct.

material risks

MRPC 1.0(e) Informed consent denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and _________ _______ ________ to the proposed course of conduct.

reasonably available alternatives

MRPC 1.0(e) Informed consent denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the _______ _________ _____ __________.

proposed course of conduct

MRPC 1.0(e) Informed consent denotes:

the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

Rule 1.2 prohibits a lawyer from:

counseling a client to engage in or assist a client in criminal or fraudulent conduct.

Rule 1.16 requires that a lawyer _______ if the representation will violate the law or professional conduct rules.

withdraw

Allocation of authority 1.4 ______ to _______.

duty to communicate