ABA PR Flashcards
Duty of Competence
Knowledge, skill, thoroughness, and preparation
Fee Agreements
Reasonable and Not Unconscionable; no writing if under $1,000, a corp, or emergency
Fee Splitting
in proportion to the work done or joint responsibility
Accepting Payment from 3rd party
no interference with lawyer’s professional judgment and must protect the client’s confidences
Contingent Fee Agreement
whether expenses are taken out before or after the lawyer takes his percentage.
Duty of Diligence
Must act with reasonable promptness for the client’s benefit while treating others with courtesy and respect
Duty of Zeal
May take whatever lawful and ethical measures are required, but should not press for every little advantage
Duty to Communicate
reasonably informed about significant developments
Scope of Representation
client makes the substantive decisions wile the lawyer makes procedural ones
Counseling a Client to Violate the Law
may not instruct a client on how to break the law but may suggest a way to test the validity of a law
Duty of Confidentiality
may reveal if death or substantial financial loss
Inadvertent Disclosure of Documents
must make reasonable efforts to prevent the inadvertent disclosure of confidential information
When a Corp is a Client
Best interest of the organization report to highest authority who can act
Duty of Loyalty
Significant risk that the representation will be materially limited subject to the reasonable lawyer standard
Duties to Former Clients
Current representation is materially adverse
Using Information to the Disadvantage of a Client
cannot use confidential information to the disadvantage of a client and for the lawyer’s benefit
Business Transaction with a Client
must be fair and reasonable and must advise the client to seek independent legal counsel
Financial Assistance to a Clinet
Costs of litigation fine but no living expenses
Acquiring a Proprietary Interest in Litigation
Cannot acquire an ownership interest in the subject matter of the litigation but may get an authorized lien
Sex with Client
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.
Former Government Lawyers
Screened off cases where substantially participated while working for the Gov
Withdrawal
Mandatory when a client demands that the lawyer violate an ethical rule or engage in illegal conduct
Meritorious Claims
No frivolous claims, but may make a good faith argument for modification of existing law
Threats to Obtain an Advantage in a Civil Case
Cannot threaten criminal or disciplinary charges to gain an advantage in a civil case
Obstructive Tactics During Discovery
No frivolous discovery requests; must diligently comply with a legally proper request
Expediting Litigation
cannot routinely seek delay for the sole purpose of frustrating a party’s case
Trial Publicity
high likelihood of materially prejudicing the trial
Probable Cause Reuquired
criminal charges must be supported by probable cause
Exculpatory evidence
must disclose anything that is favorable to the defense
Paying an Expert’s Fees
may pay an expert’s fees so long as it is not contingent on the outcome of the case
Contact with a Witness
May not influence a witness’ s testimony or pay a witness a contingent fee for testifying
Asking a Person to Refrain from Giving Information
Cannot request that a person refrain from giving info to the other party unless a relative or employee of a client
Lawyer as Witness
Cannot be a lawyer and witness in the same trial
Correcting False Statements
must correct a false statement previously made
Client is Engaging in Wrongful Conduct
When a client engages in unlawful conduct, the lawyer must consult with the client and take remedial measures including disclosure if necessary
Offering False Evidence
Cannot knowingly offer false evidence; must advise the client of ethical rules, seek withdraw, or disclose
Destroying Evidence
cannot ask another person to destroy evidence
Ex Parte Communications
May not communicate alone with a judge or juror
Communication with a Person Represented by Counsel
need consent of opposing counsel no matter what
Being Truthful to Others
no misleading statements or omissions
Documents Sent Inadvertently
notify sender; may not use to your advantage
Supervising Employees
Conduct must be in line with the ethical rules
Partnering with a Non-Lawyer
Not when it consists of the practice of law
Unauthorized Practice of Law
Requires professional judgment
Solicitation
Cannot initiate in person contact for financial gain
Advertising
Commercial speech that cannot be false or misleading
Certified Specialist
Must be approved by an accredited organization
Recommending a Lawyer’s Services
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
Reporting Misconduct
Must report serious ethical violations
Maintaining the Integrity of the Profession
a lawyer should not engage in conduct involving dishonest, fraud deceit, or misrepresentation
