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Legal Pro - jg > Basic Duties of Lawyers - from outlines > Flashcards

Basic Duties of Lawyers - from outlines Flashcards

1
Q

Rule 1.1 provides:

A lawyer shall provide competent representation to a client.

Competent representation requires:

  3. 4.
A
  1. Legal Knowledge
  2. Skill
  3. Thoroughness
  4. Preparation reasonably necessary for representation
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2
Q

Rule 1.2 - Deference to Client provides:

A lawyer shall _____ by a clients decision concerning the ___________ of ______________, and as required by rule 1.4, shall _______ with the client as to the _____ by which they are to be pursued.

A

A lawyer shall ABIDE by a clients decision concerning the OBJECTIVES of REPRESENTATION, and as required by rule 1.4, shall CONSULT with the client as to the MEANS by which they are to be pursued.

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3
Q

Under rule 1.2, a lawyer may take such _______ as _________ authorized to carry out the ______________.

A

Under rule 1.2, a lawyer may take such ACTIONS as IMPLIEDLY authorized to carry out the REPRESENTATION.

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4
Q

Under 1.2, a lawyer shall _____ by a clients ________ whether to ______ a matter.

A

Under 1.2, a lawyer shall ABIDE by a clients DECISION whether to SETTLE a matter.

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5
Q

In a criminal case, the lawyer shall _____ by a clients ________, after consulting with the lawyer, as to:

  1. The plea to be entered
  2. Whether to waive a jury trial; and
  3. Whether the client will testify.
A

In a criminal case, the lawyer shall ABIDE by a clients DECISION, after consulting with the lawyer, as to:

  1. The plea to be entered
  2. Whether to waive a jury trial; and
  3. Whether the client will testify.
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6
Q

In a criminal case, the lawyer shall ABIDE by a clients DECISION, after consulting with the lawyer, as to:

1.
2.
3.

A
  1. The plea to be entered
  2. Whether to waive a jury trial; and
  3. Whether the client will testify.
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7
Q

Under 1.2(c) - A lawyer may _____ the _____ of representation if the _____ is:

  1. Reasonable
  2. Done with the informed consent of the client
A

Under 1.2(c) - A lawyer may LIMIT the SCOPE of representation if the LIMIT is:

  1. Reasonable
  2. Done with the informed consent of the client
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8
Q

Under 1.2(c) - A lawyer may _____ the _____ of representation if the _____ is:

1.
2.

A

Under 1.2(c) - A lawyer may LIMIT the SCOPE of representation if the LIMIT is:

  1. Reasonable
  2. Done with the informed consent of the client
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9
Q

When may a lawyer limit the scope of the representation?

A

A lawyer may LIMIT the SCOPE of representation if the LIMIT is:

  1. Reasonable
  2. Done with the informed consent of the client
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10
Q

Under 1.2(d), clients can’t insist on _______ or _________ conduct.

A

Under 1.2(d), clients can’t insist on ILLEGAL or UNETHICAL conduct.

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11
Q

Under 1.2(d), - A lawyer shall not counsel a client to ______, or ______ a client, in _______ the lawyer knows is criminal or fraudulent.

But a lawyer may:

???

A

Under 1.2(d), - A lawyer shall not counsel a client to engage, or assist a client, in conduct the lawyer knows is criminal or fraudulent.

But a lawyer may:

Discuss the legal consequences of any proposed course of conduct with the client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law

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12
Q

Under 1.2(d), - A lawyer shall not counsel a client to engage, or assist a client, in conduct the lawyer knows is criminal or fraudulent.

But a lawyer may:

Discuss the legal consequences of any ________ course of conduct with the client and may counsel or assist a client to make a good faith effort to determine the ________, _____, _______, or ___________ of the law

A

Under 1.2(d), - A lawyer shall not counsel a client to engage, or assist a client, in conduct the lawyer knows is criminal or fraudulent.

But a lawyer may:

Discuss the legal consequences of any PROPOSED course of conduct with the client and may counsel or assist a client to make a good faith effort to determine the VALIDITY, SCOPE, MEANING, or APPLICATION of the law

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13
Q

What does rule 1.3 provide about a lawyers diligence?

A

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

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14
Q

What are the duties under 1.4 in regard to a lawyers communications?

1.
2.
3.
4.
5.
6.

A
  1. Must promptly inform clients of any decision or circumstance with respect to which the client’s informed consent is required.
  2. Must reasonably consult with the client about the means by which the clients objectives are to be pursued.
  3. Must keep the client reasonably informed about the status of a matter
  4. Must promptly comply with reasonable requests for information
  5. Must consult with the client about relevant limitations on the lawyers conduct when the client expects assistance not permitted
  6. Shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation.
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15
Q

What are the duties under 1.4 in regard to a lawyers communications?

  1. Must promptly ______ clients of any ________ or ____________ with respect to which the client’s ________ consent is required.
  2. Must reasonably _______ with the client about the _____ by which the clients __________ are to be pursued.
  3. Must keep the client reasonably ________ about the ______ of a matter
  4. Must promptly ______ with reasonable requests for ___________
  5. Must consult with the client about relevant ___________ on the lawyers ________ when the client expects assistance not permitted
  6. Shall explain a matter to the extent reasonably _________ to permit the client to make ________ decisions regarding representation.
A
  1. Must promptly inform clients of any decision or circumstance with respect to which the client’s informed consent is required.
  2. Must reasonably consult with the client about the means by which the clients objectives are to be pursued.
  3. Must keep the client reasonably informed about the status of a matter
  4. Must promptly comply with reasonable requests for information
  5. Must consult with the client about relevant limitations on the lawyers conduct when the client expects assistance not permitted
  6. Shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation.
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16
Q

Per the duty of confidentiality, what must be kept confidential?

1.
2.
3.
4.

A
  1. All information relating to the matter on which the lawyer is representing the client
  2. Personal information relating to the client that the client would not want disclosed
  3. Information learned from the client
  4. Information relating to the representation acquired before the representation begins
    e. Notes and memoranda that the lawyer creates relating to the matter
17
Q
A

Legal Pro - jg (4 decks)

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