Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Professional Responsibility > Article 5 Law Firms and Associations > Flashcards

Article 5 Law Firms and Associations Flashcards

1
Q

Rule 5.1(a) Responsibilities of Partners, Managers, and Supervisory Lawyers

A

(a) A partner, a lawyer, or lawyers who manage a firm must ensure all the lawyers in the firm follow the Rules.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Rule 5.1(b) Responsibilities of Partners, Managers, and Supervisory Lawyers

A

(b) A lawyer who directly supervises another lawyer must ensure he follows the rules.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Rule 5.1(c) Responsibilities of Partners, Managers, and Supervisory Lawyers

A

(c) A lawyer is responsible for another lawyer’s misconduct if
(1) the lawyer orders or consents to the conduct or
(2) the lawyer is a partner or a manager, or a direct supervisor and knows of the conduct when its result could be avoided or mitigated and does nothing to stop it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Rule 5.2(a) Responsibilities of a Subordinate Lawyer

A

(a) A lawyer is bound by the Rules even if he’s actng at the direction of another person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Rule 5.2(b) Responsibilities of a Subordinate Lawyer

A

(b) A subordinate lawyer does not violate the Rules if he acts in accordance with the supervisory lawyer’s reasonable resolution of an arguable question of professional duty.

Meaning: if there’s a question of professional ethics that’s hard to decide, a senior lawyer has the responsibility to decide what to do. If his decision is reasonable for the arguable question - something the junior lawyer should research - then the junior lawyer won’t get in trouble for it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Rule 5.3(a) Responsibilities Regarding Nonlawyer Assistance

A

If a lawyer hired a nonlawyer:

(a) a partner or managing lawyer must ensure that the nonlawyer acts in accordance wthe the professional obligations of the lawyer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Rule 5.3(b) Responsibilities Regarding Nonlawyer Assistance

A

If a lawyer hired a nonlawyer:

(b) a lawyer who directly supervises a nonlawer must ensure that the nonlawyer acts in accordance wthe the professional obligations of the lawyer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Rule 5.3(c) Responsibilities Regarding Nonlawyer Assistance

A

If a lawyer hired a nonlawer:

(c) a lawyer is responsible for a nonlawyer’s conduct in volation of the rules if
(1) the lawyer orders it or consents to it or
(2) the lawyer is a partner, manager, or direct supervisor and knows of the conduct when its result could be avoided or mitigated and does nothing to stop it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Rule 5.4(a) Professional Independence of a Lawyer

A

(a) A lawyer or law firm shall not share legal fees with a nonlawyer except
(1) a lawyer’s firm, partner or associate at may pay money to a deceased lawyer’s estate
(2) a lawyer who buys a law firm may pay the seller lawyer’s estate or representative if the seller lawyer is dead, disabled or can’t be found
(3) a lawyer or law firm includes nonlawyer employees in a compensation or retirement plan and
(4) a lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Rule 5.4(d) Professional Independence of a Lawyer

A

(d) A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if:
(1) a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration;
(2) a nonlawyer is a corporate director or officer thereof or occupies the position of similar responsibility in any form of association other than a corporation ; or
(3) a nonlawyer has the right to direct or control the professional judgment of a lawyer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Rule 5.4(c) Professional Independence of a Lawyer

A

(c) If a third party is paying for a lawyer’s services, the lawyer shall not let the third party direct or regulate the lawyer’s professional judgment in those services

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Rule 5.4(b) Professional Independence of a Lawyer

A

(b) A lawyer shall not form a partnership with a nonlawyer if it involves the practice of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Rule 5.5(a) Unauthorized Practice of Law; Multijurisdictional Practice of Law

A

(a) A lawyer may not practice law in a jurisdiction in voliation of that jurisdiction’s regs of the legal profession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Rule 5.5(b) Unauthorized Practice of Law; Multijurisdictional Practice of Law

A

(b) A lawyer who is not admitted to practice in this jurisdiction shall not
(1) except as authorized, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law or
(2) claimed to be admitted to practice law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Rule 5.5(c) Unauthorized Practice of Law; Multijurisdictional Practice of Law

A

(c) A lawyer admitted into another US jurisdiction and not disbarred or suspended may temporarily provide legal services in this jurisdction that
(1) are undertaken in association with a local lawyer
(2) are in or reasonably related to a pending or potential proceeding before a tribunal if the lawyer, or someone the lawyer is helping, is authorized, or excepts to be authorized, to appear in the proceeding
(3) are in or reasonably related to a pending or potential arbitration, mediation or other alternative disbute resolution proceeding, if the services arise out of or are reasonably related to the lawyer’s practice in the jurisdiction the lawyer is admited to and are not services for which the forum requires pro hac vice admission or
(4) are not within (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Rule 5.5(d) Unauthorized Practice of Law; Multijurisdictional Practice of Law

A

(d) A lawyer admitted to an US or foreign jurisdiction or a person practicing as in-house counsel under foreign laws may provide legal services that
(1) are for his employer, are not services for which the forum requires pro hac vice admission, and when performed by a foreign lawyer and requires advice on the law, such advice shall be by a lawyer who is licensed and authorized to provide the advice
(2) are services the lawyer is authorized to provide

17
Q

Rule 5.5(e) Unauthorized Practice of Law; Multijurisdictional Practice of Law

A

(e) For the purposes of d
(1) A foreign lawyer must be in good standing, or
(2) The in-house counsel lawyer practicing under the laws of a foreign jurisdiction must be authorized to practice by the highest court in this jurisdiction

18
Q

Rule 5.6 Restrictions on Right to Practice

A

A lawyer shall not participate in offering or making

(a) a partnership, shareholder, operating, employment or other similar type of agreerment that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits after retirement or
(b) an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a client controversy.

Professional Responsibility (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions