BarMax

Question 1

When a lawyer-client relationship forms, the lawyer is bound by all duties of professional responsibility to that client. This is true whether or not ___________.

Answer 1

The lawyer realizes that a client-lawyer relationship has formed

Question 2

The general duty is that an attorney has no obligation to accept a client other than _______.

Answer 2

A court-appointed client

Question 3

An attorney has an ethical duty to accept representation if the attorney was appointed by the court unless there is good cause to decline the representation. Good cause can exist for:

Answer 3

1) lack of competence,
2) improper conflict of interest, or
3) unjust financial burden

Question 4

Pro Bono Word - ABA vs. CA

Answer 4

ABA: encourages 50hrs
CA: not in rules, but bar. Does encourage & support pro bono work

Question 5

ABA

A lawyer must reject representation if:

Answer 5

1) the representation would cause the lawyer to violate any rules of professional conduct
[ABA = actual knowledge ; CA = knows or reasonably should know]

OR

2) if the lawyer’s physical or mental condition renders it unreasonably difficult to carry out the representation effectively

Question 6

ABA

A lawyer must reject representation if:
1) _________

OR

2) if the lawyer’s physical or mental condition renders it unreasonably difficult to carry out the representation effectively

Answer 6

the representation would cause the lawyer to violate any rules of professional conduct

[ABA = actual knowledge ; CA = knows or reasonably should know]

Question 7

ABA

A lawyer must reject representation if:
1) the representation would cause the lawyer to violate any rules of professional conduct
[ABA = actual knowledge ; CA = knows or reasonably should know]

OR

2) _______

Answer 7

if the lawyer’s physical or mental condition renders it unreasonably difficult to carry out the representation effectively

Question 8

CA:

In addition to ABA rules, a lawyer must decline representation if:

Answer 8

1) malicious harassment
2) frivolous claims

Question 9

Contingent Fee: ABA vs. CA

Answer 9

ABA: 1) writing signed by the client, 2) state method by which fee will be determined

CA: 1) writing signed by client & lawyer, 2) state how work not covered by contingent fee will be paid

Question 10

CA Contingent Fee Requirements

Answer 10

1) writing signed by client & lawyer,
2) state how work not covered by contingent fee will be paid

Question 11

ABA contingent Fee Requirements

Answer 11

1) writing signed by the client,
2) state method by which fee will be determined

Question 12

A contingent fee is not permitted in what matters?

Answer 12

Domestic Relations Matters: divorce, alimony, property settlement
Or
Criminal Matters

Question 13

Fee Rules: ABA vs. CA

Answer 13

ABA: can’t make agreement for, charge, or collect an unreasonable fee or unreasonable amount for expenses
CA: not unconscionably high

Question 14

CA allows referral fees, so long as they ____

Answer 14

Meet the requirements of fee sharing

Question 15

A lawyer shall not give anything of value to a person for recommending the lawyer’s services, but may give ______.

Answer 15

A nominal gift

Question 16

A lawyer has a duty to ________ about the case, comply with reasonable requests for information, and consult with a client if the client expects assistance not in accordance with the ethics rules.

Answer 16

Keep clients informed

Question 17

A lawyer has a duty to keep clients informed about the case, comply with _________, and consult with a client if the client expects assistance not in accordance with the ethics rules.

Answer 17

Reasonable requests for information

Question 18

A lawyer has a duty to keep clients informed about the case, comply with reasonable requests for information, and consult with a client if the client expects assistance ________.

Answer 18

not in accordance with the ethics rules

Question 19

A lawyer shall provide competent representation to a client. Competent representation requires:

Answer 19

The knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Question 20

CA: A lawyer is subject to discipline if the lawyer ___________ fails to perform legal services with competence.

Answer 20

intentionally, recklessly, or repeatedly

Question 21

CA: A lawyer is subject to discipline if the lawyer intentionally, recklessly, or repeatedly __________.

Answer 21

fails to perform legal services with competence

Question 22

A lawyer shall act with reasonable _____ and promptness in representing a client.

Answer 22

Diligence

Question 23

A lawyer shall act with reasonable diligence and ______ in representing a client.

Answer 23

Promptness

Question 24

A lawyer shall not knowingly:
1) make a ___________ to a tribunal or fail to correct a false statement of material fact or law previously made by the lawyer,
2) fail to disclose to the tribunal legal authority from the controlling jurisdiction, or
3) offer evidence that the lawyer knows to be false

Answer 24

false statement of fact or law

Question 25

A lawyer shall not knowingly: 1) make a false statement of fact or law to a tribunal or __________, 2) fail to disclose to the tribunal legal authority from the controlling jurisdiction, or 3) offer evidence that the lawyer knows to be false

Answer 25

fail to correct a false statement of material fact or law previously made by the lawyer

Question 26

A lawyer shall not knowingly: 1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made by the lawyer, 2) fail to disclose to the tribunal _________, or 3) offer evidence that the lawyer knows to be false

Answer 26

legal authority from the controlling jurisdiction

Question 27

A lawyer shall not knowingly: 1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made by the lawyer, 2) fail to disclose to the tribunal legal authority from the controlling jurisdiction, or 3) offer evidence that _______

Answer 27

the lawyer knows to be false

Question 28

A lawyer must not communicate **directly or indirectly** with a non-client about a **legal matter** when the lawyer **knows** the non-client is **represented** by another lawyer in the matter, unless ______.

Answer 28

The lawyer has **consent of that party’s lawyer**

Question 29

When communicating with an **unrepresented** party adverse to her client, a lawyer **may not**:

Answer 29

1) represent herself as disinterested in the matter, 2) seek any privileged or confidential information, or 3) give legal advice other than the advice to secure counsel

Question 30

ABA: A lawyer may not use legal means that have **no substantial purpose** other than to ______________. CA: A lawyer may not use means that have **no substantial purpose** other than to delay or prolong the proceedings or cause needless expense.

Answer 30

**embarrass, burden or delay**; or methods of obtaining evidence that **violate a person’s legal rights**

Question 31

ABA: A lawyer may not use legal means that have **no substantial purpose** other than to embarrass, burden or delay; or methods of obtaining evidence that violate a person’s legal rights. CA: A lawyer may not use means that have **no substantial purpose** other than to _________.

Answer 31

**delay or prolong** the proceedings or cause **needless expense**

Question 32

Inadvertent Receipt of Privileged Information - ABA vs. CA

Answer 32

ABA: A lawyer who receives **privileged information** and **knows or should know** that it was **inadvertently sent** must **promptly notify the sender**. The rule does not say that the lawyer cannot read or use the information. CA: A lawyer who receives **privileged information** and **knows or should know** that it was **inadvertently sent** must **refrain from examining** the document any more than is necessary to determine that it is privileged, **promptly notify the sender**, AND **return the document** to the sender.

Question 33

ABA: A lawyer who receives **privileged information** and **knows or should know** that it was **inadvertently sent** must __________. CA: A lawyer who receives **privileged information** and **knows or should know** that it was **inadvertently sent** must **refrain from examining** the document any more than is necessary to determine that it is privileged, **promptly notify the sender**, AND **return the document** to the sender.

Answer 33

**promptly notify the sender**. The rule does not say that the lawyer cannot read or use the information.

Question 34

ABA: A lawyer who receives **privileged information** and **knows or should know** that it was **inadvertently sent** must **promptly notify the sender**. The rule does not say that the lawyer cannot read or use the information. CA: A lawyer who receives **privileged information** and **knows or should know** that it was **inadvertently sent** must ___________.

Answer 34

**refrain from examining** the document any more than is necessary to determine that it is privileged, **promptly notify the sender**, AND **return the document** to the sender.

Question 35

A lawyer may not make any **known false statement** of law or fact, must **correct** any material false statement of fact or law previously made, and must **disclose controlling legal authority** directly adverse to client’s position. CA adds that a lawyer may not ______.

Answer 35

**knowingly misquote** any legal authority

Question 36

A lawyer **may** withdraw evidence based on a ________. Exception: A lawyer **may not** refuse to let a **criminal defendant** testify solely based on a reasonable belief that the defendant will give false testimony. A criminal defendant’s constitutional right to testify prevails.

Answer 36

a **reasonable belief** that the evidence is false

Question 37

A lawyer **may** withdraw evidence based on a **reasonable belief** that the evidence is false. Exception: A lawyer **may not** refuse to let a **criminal defendant** testify solely based on_______.

Answer 37

a reasonable belief that the defendant will give false testimony. A criminal defendant’s constitutional right to testify prevails

Question 38

7 **ABA** factors considered when considering reasonableness/unconscionability of attorney’s fees:

Answer 38

1) complexity of the matter (time & labor required / novelty & difficulty of case / skill required) 2) effect on other employment 3) market (local custom) 4) AIC 5) turnaround time 6) lawyer’s expertise (experience, reputation, ability) 7) lawyer/client relationship 8) whether fee is fixed or contingent

Question 39

3 additional factors considered in **CA** for fee reasonableness:

Answer 39

1) fraud or overreaching 2) failure to disclose material facts 3) relative sophistication

Question 40

Under ABA, what must be communicated to client **before or within a reasonable time** after the start of representation?

Answer 40

1) **scope** of representation 2) rate of **fee** 3) **expenses** for which client will be responsible

Question 41

In **CA**, fee agreements between clients and lawyers must generally be in writing if ___.

Answer 41

It is **reasonably foreseeable*8 that fees for services could total **more than $1,000**

Question 42

In **CA**, when fees of **more than $1,000** are **foreseeable**, any **unwritten** agreement is ________.

Answer 42

**voidable** by the client

Question 43

In **CA**, when fees of **more than $1,000** are **foreseeable**, any **unwritten** agreement is **voidable** by the client. The lawyer may _______.

Answer 43

Still collect a **reasonable fee**

Question 44

4 Exceptions to CA Writing Requirement for Fees

Answer 44

1) less than $1,000 2) emergency situation 3) routine work for regular client 4) corporate client or business organization