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Florida Professional Responsibility > Bar Exam Masters > Flashcards

Bar Exam Masters Flashcards

1
Q

When are two matters “substantially related?”

A

When they involve the same transaction or legal dispute, or when the current matter would involve the lawyer attacking work he or she previously performed for the former client.

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2
Q

What is the limitation on amount of disclosure?

A

When disclosure is mandated or permitted, the lawyer must disclose no more information than is required to meet the requirements or accomplish the purposes of the rules.

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3
Q

A lawyer must not represent a client if his or her exercise of independent professional judgment may be materially limited by the lawyer’s responsibility to another client unless what?

A

The lawyer reasonably believes the representation will not be adversely affected, and the client consents after consultation.

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4
Q

Contingency fees are presumed to be clearly excessive before filing an answer if they exceed what percent between $1 and $2 million?

A

30%

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5
Q

What are legally sufficient grounds for a motion to disqualify the trial judge?

A
  1. Th judge is prejudiced for or against a party;
  2. The judge is related to the defendant within the third degree;
  3. The judge is related within the third degree to a lawyer in the case or to a judge who participated as a lower court judge in a decision to be reviewed; or
  4. The judge is a material witness in the case.
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6
Q

What does competent representation require?

A

Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

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7
Q

How do you determine whether a lawyer employs the requisite knowledge and skill in a particular matter?

A
  • the relative complexity and specialized nature of the matter;
  • the lawyer’s general experience;
  • the lawyer’s training and experience in the field in question;
  • the preparation and study the lawyer is able to give the matter, and
  • whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field of question
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8
Q

How is adequate preparation determined?

A

In part by what is at stake. Major litigation and complex transactions ordinarily require more elaborate treatment than matters of lesser consequence.

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9
Q

What is a “matter” for purposes of the Rules of Professional Conduct?

A
  1. Any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party or parties; and
  2. Any other matter covered by the conflict of interest rules of the appropriate government agency.
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10
Q

What factors are relevant to the determination of whether a lawyer is competent to handle a particular matter?

A
  • The relative complexity and specialized nature of the matter;
  • The lawyer’s general experience;
  • The lawyer’s training and experience in the field in question;
  • The preparation and study the lawyer is able to give the matter; and
  • Whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question
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11
Q

What must a lawyer do if he or she becomes aware of violations by officers or employees of an organization?

A

Proceed as is reasonably necessary in the best interest of the organization based on certain factors.

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12
Q

When is it permissible to divide fees between lawyers in different firms?

A

The total fee is reasonable and:

  1. The division is in proportion to the services performed by each lawyer or
  2. By written agreement with the client each lawyer assumes joint legal responsibility for the representation and agrees to be available for consultation with the client and the agreement fully discloses that a division of fees will be made and the basis upon which the division of fees will be made.
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13
Q

When must a motion to disqualify a judge be made in order to be timely?

A

Within a reasonable time, but no more than 10 days after discovering the grounds for the motion.

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14
Q

When is it permissible to accept compensation for a representation by someone other than the client?

A

When the three I’s are present (informed consent, no interference, and information)

  1. The client gives informed consent;
  2. there is no interference with the lawyer’s independence and professional judgment or with the client-lawyer relationship; and
  3. information relating to representation of a client is protected as required by the rules.
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15
Q

In which types of cases are contingency fees prohibited?

A
  • criminal,
  • alimony, and
  • child support cases
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16
Q

What is required for a contingency fee disclosure?

A

A signed agreement stating the method by which the fee is to be determined, including percentages in the event of settlement etc.; and upon conclusion of a contingent fee matter; the lawyer must provide the client with a written statement of the outcome of the matter, with itemization.

17
Q

Who does a lawyer employed or retained by an organization represent?

A

The organization acting through its duly authorized constituents.

18
Q

What is the rule regarding imputation of conflicts?

A

While lawyers are associated in a firm, none of them may knowingly represent a client when any one of them practicing alone would be prohibited from doing so except as provided by a special rule (i.e. a relative) or unless the prohibition is based on a personal interest of the prohibited lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.

19
Q

A lawyer is generally prohibited from entering into a business transaction with a client or knowingly acquiring an ownership possessory, security, or other pecuniary interest adverse to a client unless what conditions are met?

A
  1. The transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client in a manner that can be reasonably understood by the client;
  2. The client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and
  3. The client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction
20
Q

When does a conflict exist between current clients?

A

Except in accordance with the informed consent rule, a lawyer must not represent a client if:

  1. the representation of one client will be directly adverse to another client; or
  2. there is a substantial risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer
21
Q

When MUST a lawyer reveal information related to a representation?

A

A lawyer must reveal confidential information to the extent the lawyer reasonably believes necessary:

  1. to prevent a client from committing a crime; or
  2. to prevent a death or substantial bodily harm to another.
22
Q

When legally sufficient grounds for disqualification exist, what type of proof is necessary?

A

No independent evidence need be shown.

23
Q

Contingency fees are presumed to be clearly excessive before filing an answer if they exceed what percent up to $1 million?

A

33 ⅓

24
Q

What are all of the contingent fee limits before an answer is filed?

A
  1. 33 ⅓ of any recovery up to $1 million, plus
  2. 30% of any recovery between $1 million and $2 million, plus
  3. 20% of any recovery exceeding $2 million
25
Q

What are all of the contingent fee limits after the answer is filed?

A
  1. 40% of any recovery up to $1 million, plus
  2. 30% of any recovery between $1 million and $2 million, plus
  3. 20% of any recovery exceeding $2 million
26
Q

What are the contingent fee limitations for a trial on damages only?

A

If all defendants admit liability at the time of filing their answer and request a trial on damages ALONE:

  1. 33 ⅓% of any recovery up to $1 million, plus
  2. 20% of any recovery between $1 million and $2 million, plus
  3. 15% of any recover in excess of $2 million
27
Q

What is the rule regarding representation of a new client in a matter related to one the lawyer represented a former client in?

A

Attorneys who represented a former client in a matter cannot represent another client whose interests are materially adverse to the former client in the same or a substantially related matter without informed consent from the former client.

28
Q

Contingency fees are presumed to be clearly excessive when all defendants admit liability if the fees exceed what percent over $2 million?

A

15%

29
Q

In determining how to proceed after becoming aware of violations by officers or employees of an organization, what factors are relevant?

A

The lawyer shall give due consideration to the seriousness of the violation and its consequences, the scope and nature of the lawyer’s representation, the responsibility in the organization and the apparent motivation of the person involved, the policies of the organization concerning such matters, and any other relevant considerations.

30
Q

A lawyer is prohibited from soliciting any gift from a client, including a testamentary gift or preparing on behalf of a client an instrument giving the lawyer or a person related to the lawyer any gift unless what?

A

The lawyer or other recipient of the gift is related to the client.

31
Q

What is the rule regarding conflicts with former clients?

A

A lawyer who has formerly represented a client in a matter must not afterwards:

  1. represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent;
  2. use information relating to the representation to the disadvantage of the former client except as these rules would permit or require with respect to a client or when the information has become generally known; or
  3. reveal information relating to the representation except as these rules would permit or require with respect to a client.

Florida Professional Responsibility (2 decks)

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