Competence, Legal Malpractice, & Other Civil Liability Flashcards
In determining a lawyer’s _________, the lawyer’s ___________________ or ___________________ is taken into account, regardless of whether ____________ that the lawyer has such ___________.
In determining a lawyer’s duty of care, the lawyer’s special experience with or knowledge of the law is taken into account, regardless of whether the client knows that the lawyer has such knowledge.
A lawyer representing a party in litigation has ___________ to the opposing party, and thus __________ for __________, except in unusual situations such as when ___________________________________________________________ (e.g., an opinion letter from opposing counsel as part of a settlement).
A lawyer representing a party in litigation has no duty of care to the opposing party, and thus no liability for lack of care, except in unusual situations such as when a litigant has been invited to rely on the lawyer’s opinion or legal services (e.g., an opinion letter from opposing counsel as part of a settlement).
A lawyer is subject to liability on a contract entered into with another, even though the lawyer entered into the contract on a client’s behalf, if ______________________ was ____________ to the other party.
The lawyer may still seek ____________ from ____________.
A lawyer is subject to liability on a contract entered into with another, even though the lawyer entered into the contract on a client’s behalf, if the client’s existence or identity was not disclosed to the other party.
The lawyer may still seek indemnification from the client.
An attorney who acts on behalf of a client can __________ for the payment of ____________________________________, such as a _____________________, because such persons are likely to reasonably rely on the attorney’s, rather than the client’s, credit.
The attorney may still seek _____________ from ________.
An attorney who acts on behalf of a client can be liable for the payment of goods and services typically used by lawyers, such as a stenographer, appraiser, or surveyor, because such persons are likely to reasonably rely on the attorney’s, rather than the client’s, credit.
The attorney may still seek indemnification from the client.
A lawyer ________ settle a claim or potential claim for malpractice liability with ____________________ or ____________ unless that person is ________________ of the desirability of ____________________________ with regard to the settlement and is given ____________________ to seek such advice.
A lawyer must not settle a claim or potential claim for malpractice liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking independent legal counsel with regard to the settlement and is given a reasonable opportunity to seek such advice.
An attorney _____ enter into an agreement with a client prospectively limiting malpractice liability to the client, unless the ________________________ in ____________________.
The ________________________ is not __________________ if they are ________________ as ______________.
An attorney must not enter into an agreement with a client prospectively limiting malpractice liability to the client, unless the client is independently represented in making the agreement.
The independent representation is not independent if they are in the same firm as the attorney.
For a lawyer to be subject to civil liability for malpractice based on negligence, the client ____ suffer ______ harm; __________ are not presumed.
For a lawyer to be subject to civil liability for malpractice based on negligence, the client must suffer actual harm; damages are not presumed.
