Competence, legal malpractice, and other civil liability

Question 1

what is the basic rule

Answer 1

lawyers must be competent

Question 2

what is requiered of a lawyer in an ex parte proceeding

Answer 2

lawyer must inform the tribunal of all material facts so they can make an informed decsion, even if those facts are unfavorable

Question 3

what does malpractice require

Answer 3

damage

Question 4

what does discipline require

Answer 4

no damages required

Question 5

what is conventional malpractice coextensive with

Answer 5

negligence

Question 6

in a malpractice claim what are damages limited to

Answer 6

fees

Question 7

what is the burden of proof for malpractice claim

Answer 7

preponderance of the evidence

Question 8

what is the burden of an ethics violation

Answer 8

clear and convincing

Question 9

what does the duty to decline or withdraw stem from

Answer 9

arises if the laweyr is not competent or cant become competent without unreasonble delay

Question 10

can a lawyer contractraclly limit recovery on a client’s malpractice suit

Answer 10

no

Question 11

when can a lawyer enter an agreement prospectively limit the lawyer’s malpractice liability

Answer 11

only if the client is repped by independent counsel

Question 12

does a lawyer technically HAVE to tell the client when the lawyer has made an error🤔

Answer 12

yes, and in fact they MUST!

Question 13

when you do referrals/outsourcing to other laywers outside your firms what must the lawyer do

Answer 13

reasonably believe the other lawyer will contribute