Competence, legal malpractice, and civil liability

Question 1

a lawyer can cure for incompetence in a field by ALE. What does ALE stand for?

Answer 1

Associate with someone competence
Learn in time
Emergency

Question 2

true or false: you are subject to discipline if you agree to opponent’s request to extend deadline if the extension does not affect your client’s interest

Answer 2

false

Question 3

proving causation for malpractice case based on negligence

Answer 3

but for malpractice, client would have won or would not have had to pay such a large judgement

Question 4

when does lawyer owe duty of care to someone who is not their client?

Answer 4

1. prospective client if you’ve given them legal advice and they relied
2. intended beneficiary of legal services like beneficiary of trust
3. if you invite someone to rely on your opinion (e.g. buyer to whom you gave negligent opinion letter)

Question 5

true or false: you are a general partner at a firm and a random associate commits malpractice while working on someone else’s case, you are liable too

Answer 5

true

Question 6

true or false: you cannot make an agreement to limit malpractice liability

Answer 6

true generally, but you can agree to arbitrate if allowed by state law

Question 7

true or false: you can agree to limit malpractice liability if client has independent counsel?

Answer 7

true, but might not bw enforced in court

Question 8

true or false: duty of diligence prohibits you from ending the attorney client relationship after trial without consulting with client about an appeal

Answer 8

true

Question 9

may a lawyer use confidential client information for personal financial gain even if client’s interests are not harmed?

Answer 9

no.

a lawyer who uses the confidential information for her own pecuniary gain other than in the practice of law may be subject to civil liability—she may have to account to the client, former client, or prospective client for her profits even if the person is not harmed