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Flashcard Worthy > ABA PR > Flashcards

ABA PR Flashcards

1
Q

Duty of Competence

A

Knowledge, skill, thoroughness, and preparation

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2
Q

Fee Agreements

A

Reasonable and Not Unconscionable; no writing if under $1,000, a corp, or emergency

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3
Q

Fee Splitting

A

in proportion to the work done or joint responsibility

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4
Q

Accepting Payment from 3rd party

A

no interference with lawyer’s professional judgment and must protect the client’s confidences

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5
Q

Contingent Fee Agreement

A

whether expenses are taken out before or after the lawyer takes his percentage.

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6
Q

Duty of Diligence

A

Must act with reasonable promptness for the client’s benefit while treating others with courtesy and respect

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7
Q

Duty of Zeal

A

May take whatever lawful and ethical measures are required, but should not press for every little advantage

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8
Q

Duty to Communicate

A

reasonably informed about significant developments

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9
Q

Scope of Representation

A

client makes the substantive decisions wile the lawyer makes procedural ones

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10
Q

Counseling a Client to Violate the Law

A

may not instruct a client on how to break the law but may suggest a way to test the validity of a law

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11
Q

Duty of Confidentiality

A

may reveal if death or substantial financial loss

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12
Q

Inadvertent Disclosure of Documents

A

must make reasonable efforts to prevent the inadvertent disclosure of confidential information

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13
Q

When a Corp is a Client

A

Best interest of the organization report to highest authority who can act

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14
Q

Duty of Loyalty

A

Significant risk that the representation will be materially limited subject to the reasonable lawyer standard

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15
Q

Duties to Former Clients

A

Current representation is materially adverse

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16
Q

Using Information to the Disadvantage of a Client

A

cannot use confidential information to the disadvantage of a client and for the lawyer’s benefit

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17
Q

Business Transaction with a Client

A

must be fair and reasonable and must advise the client to seek independent legal counsel

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18
Q

Financial Assistance to a Clinet

A

Costs of litigation fine but no living expenses

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19
Q

Acquiring a Proprietary Interest in Litigation

A

Cannot acquire an ownership interest in the subject matter of the litigation but may get an authorized lien

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20
Q

Sex with Client

A

ABA cannot have sex with client unless relationship predates lawyer-client relationship. CA is the same but adds exception when lawyer and client get married.

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21
Q

Former Government Lawyers

A

Screened off cases where substantially participated while working for the Gov

22
Q

Withdrawal

A

Mandatory when a client demands that the lawyer violate an ethical rule or engage in illegal conduct

23
Q

Meritorious Claims

A

No frivolous claims, but may make a good faith argument for modification of existing law

24
Q

Threats to Obtain an Advantage in a Civil Case

A

Cannot threaten criminal or disciplinary charges to gain an advantage in a civil case

25
Q

Obstructive Tactics During Discovery

A

No frivolous discovery requests; must diligently comply with a legally proper request

26
Q

Expediting Litigation

A

cannot routinely seek delay for the sole purpose of frustrating a party’s case

27
Q

Trial Publicity

A

high likelihood of materially prejudicing the trial

28
Q

Probable Cause Reuquired

A

criminal charges must be supported by probable cause

29
Q

Exculpatory evidence

A

must disclose anything that is favorable to the defense

30
Q

Paying an Expert’s Fees

A

may pay an expert’s fees so long as it is not contingent on the outcome of the case

31
Q

Contact with a Witness

A

May not influence a witness’ s testimony or pay a witness a contingent fee for testifying

32
Q

Asking a Person to Refrain from Giving Information

A

Cannot request that a person refrain from giving info to the other party unless a relative or employee of a client

33
Q

Lawyer as Witness

A

Cannot be a lawyer and witness in the same trial

34
Q

Correcting False Statements

A

must correct a false statement previously made

35
Q

Client is Engaging in Wrongful Conduct

A

When a client engages in unlawful conduct, the lawyer must consult with the client and take remedial measures including disclosure if necessary

36
Q

Offering False Evidence

A

Cannot knowingly offer false evidence; must advise the client of ethical rules, seek withdraw, or disclose

37
Q

Destroying Evidence

A

cannot ask another person to destroy evidence

38
Q

Ex Parte Communications

A

May not communicate alone with a judge or juror

39
Q

Communication with a Person Represented by Counsel

A

need consent of opposing counsel no matter what

40
Q

Being Truthful to Others

A

no misleading statements or omissions

41
Q

Documents Sent Inadvertently

A

notify sender; may not use to your advantage

42
Q

Supervising Employees

A

Conduct must be in line with the ethical rules

43
Q

Partnering with a Non-Lawyer

A

Not when it consists of the practice of law

44
Q

Unauthorized Practice of Law

A

Requires professional judgment

45
Q

Solicitation

A

Cannot initiate in person contact for financial gain

46
Q

Advertising

A

Commercial speech that cannot be false or misleading

47
Q

Certified Specialist

A

Must be approved by an accredited organization

48
Q

Recommending a Lawyer’s Services

A

Cannot pay someone for recommending the lawyer; but may refer a client to a certain doctor and the doctor may refer his clients to the lawyer as long as the referral agreement is not exclusive

49
Q

Reporting Misconduct

A

Must report serious ethical violations

50
Q

Maintaining the Integrity of the Profession

A

a lawyer should not engage in conduct involving dishonest, fraud deceit, or misrepresentation

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