Competence, Malpractice, Civil Liability Flashcards

1
Q

factors to decide if lawyer has requisite skill

A
  1. complexity and specialized nature of the matter
  2. the lawyers’ general experience
  3. the lawyer’s training and experience in the field
  4. the prep and study lawyer is able to give
  5. whether it’s feasible to refer the matter to someone more established
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2
Q

how can you get competent

A

A - associate with someone who is
L - learn (but tell client)
E - emergency situation

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3
Q

what is required for thoroughness

A

must inquire into and analyze legal elements of the problem

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4
Q

can you retain other lawyers to help you

A

yes but must reasonably believe the services of the outside lawyers will contribute to the competent and ethical rep, and should obtain consent

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5
Q

what’s required for diligence

A

should act with dedication and commitment and zeal

but can’t take on too much

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6
Q

what are the theories of malpractice liability

A
  • intentional tort
  • breach of fiduciary duties
  • breach of contract
  • negligence
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7
Q

who does lawyer owe duty of care to

A

to clients, prospective clients, third parties

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8
Q

what is the standard of care

A

competence and diligence normally exercised by attorneys in similar circumstances
gotta research, can’t take case if needed to be done by specialist

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9
Q

is a lawyer liable for an error of judgement

A

not if the judgment was well informed and reasonably made

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10
Q

can lawyer settle malpractice claim with client directly

A

yes if advises client in writing to get an independent lawyer

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11
Q

can lawyer make an agreement with client limiting his liability for malpractice

A

no not unless the client is actually represented

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12
Q

can you agree to limit the scope of rep

A

yes

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13
Q

can you have client sign arbitration agreement

A

yes

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