definitions

Question 1

Subject to discipline

Answer 1

Whether the conduct would subject the lawyer to discipline under the Model Rules (or a judge to discipline under the CJC)

Question 2

May or Proper

Answer 2

whether the conduct is professionally apporpriate

Question 3

Subject to Litigation Sanction

Answer 3

whether the conduct wold subject the lawyer (or the law firm) to a fine, fee forfeiture, disqualification, punishment for contempt, or other sanction by a legal tribunal

Question 4

Subject to Disqulaification

Answer 4

whether the conduct would subject the lawyer or the lawyers firm to disqualification as counsel

Question 5

Subject to Civil Liability

Answer 5

whether the conduct would subject the lawyer or the lawyers firm to civil liability (such as claim arising from malpractice, misrepresentation, or breach of fiduciary duty

Question 6

Subject to Criminal Liability

Answer 6

whether the conduct would subject the lawyer to criminal liability for participation in or aiding and abetting criminal acts

Question 7

Tribunal

Answer 7

in addition to encompassing a court, includes an arbitrator in a binding arbitration proceeding and a legalsi9atve body, administrative agency, or other entity that acts in a adjudicative capacity

Question 8

an entity acts in an adjudicative capacity when

Answer 8

a neutral official after the presentation of evidence or legal argument by a party reaches a binding legal judgement that directly affects a party’s interest in a particular matter

Question 9

Law

Answer 9

any association of lawyers authorized to practice law and includes a partnership or professional corporation as well as lawyers employed in a legal services organization or the legal department of a corporation or other organization

Question 10

Partner

Answer 10

is a memeber of a partnership

Question 11

Writings

Answer 11

encompasses any tangible or electronic record of communication or representation

Question 12

Informed consent

Answer 12

in order to obtain this, the lawyer must communicate adequate information about the material risks of the proposed course of conduct as well as reasonably available alternatives

Question 13

Confirmed in Writing

Answer 13

while the model rules require that a person’s informed consent be confirmed in writing, the informed consent need not take the form of a document signed by the person. The consent can be given orally and a writing can be prepared by the lawyer as a confirmation of the oral consent.

Question 14

Knowledge and Belief

Answer 14

Belief indicates that the person actually supposed the fact in question to be true. Knowingly denotes actual knowledge of the fact in question

Question 15

Reasonable

Answer 15

denotes the conduct of a reaosnalbly prudent and competent lawyer an objective standard

Question 16

reasonable belief

Answer 16

the lawyer is required to believe the matter in question and the circumstances must be such that the belief is reasonable

Question 17

reasonably should know

Answer 17

a lawyer of reasonable prudence and copetence would ascertain the matter in question

Question 18

Screened

Answer 18

the isolation of the lawyer from any participation in the matter through the timely imposition of procedures that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect

Question 19

Fraud

Answer 19

conduct that is fradulent under the substative or procedural law of the applicable jurisdiction and has a purpose to deceive.

Question 20

For disciplinary purposes, is it necessary that anyone relied upon or suffered damages from the misrepresentation (fraud being committed)

Answer 20

No, it is not necessary