Deck 1

Question 1

bar/state bar/appropriate disciplinary authority

Answer 1

agency w/in jx w/ auth to admin stndards of admission to practice law and maintenance of prof. competence and integrity

Question 2

certified specialist

Answer 2

lawyer recognized as proficient in particular area of law w/in jx

Question 3

may or proper

Answer 3

conduct that is professionally appropriate

Question 4

subject to civil liability

Answer 4

conduct that would cause lawyer or his firm civil liability, e.g. malpractice or breach of fdciary duty

Question 5

subject to criminal liability

Answer 5

conduct that would subject lawyer to crim liability for participation in or aiding or abetting criminal acts, e.g. destruction of evidence

Question 6

subject to discipline

Answer 6

conduct that would subject lawyer to discipline under model rules or judge under code of jdcial conduct

Question 7

subject to disqualification

Answer 7

conduct that would subject lawyer or his firm to fine, fee, forfeiture etc. by legal tribunal

Question 8

appointment by a judge

Answer 8

an appointment to e.g. referee, commissioner, special master

Question 9

belief

Answer 9

supposition by someone that a fact is true; subjective; can infer from circumstances

Question 10

confirmed in writing

Answer 10

writing that acknowledges client’s informed consent; need not be signed by client

Question 11

economic interest

Answer 11

ownership of more than de minimis legal/equitable interest

Question 12

fraud

Answer 12

conduct fraudulent under substantive or procedural law w/in jx and has purpose to deceive

Question 13

government legal engagement

Answer 13

engagement to provide legal svcs that a public official has direct or indirect power to award

Question 14

informed consent

Answer 14

consent given after communicating adequate info. re: material risks, as well as reasonable alternatives; can take into account legal knowledge

Question 15

knowledge

Answer 15

actual knowledge of fact; subjective but can be inferred from circumstances

Question 16

law firm

Answer 16

asso. of lawyers auth. to practice law; includes sole proprietorships

Question 17

partner

Answer 17

member of a partnership

Question 18

reasonable

Answer 18

conduct of a reasonably prudent and competent lawyer; objective

Question 19

reasonable belief

Answer 19

1) belief in matter (subjective) + 2) reasonable (objective)

Question 20

reasonably should know

Answer 20

lawyer of reasonable prudence and competence would know; objective

Question 21

screened

Answer 21

isolation of lawyer from matter through timely imposition of procedures reasonably adequate under circumstances to protect info lawyer is supposed to protect

Question 22

signed

Answer 22

any means, incl. electronic, executed or adopted by person w/ intent to sign

Question 23

substantial

Answer 23

clear and weighty importance

Question 24

tribunal

Answer 24

entity that adjudicates; neutral, hears evidence or legal argument and enters binding legal judgment

Question 25

writings

Answer 25

tangible or electronic record of communication or representation