Different roles of the Lawyer, Safekeeping Property, and Communications Flashcards
(42 cards)
In representing a client, a lawyer must exercise independent professional judgment and render candid advice. What is the lawyers role here?
Lawyer as an advisor
T or F A client is entitled to straightforward, honest advice, even if such advice involves unpleasant facts and alternatives that a client may not want to confront. In rendering advice, a lawyer may refer not only to law but also to other considerations such as moral, economic, social, and political factors that may be relevant to the client’s situation.
True
A lawyer may provide an evaluation of a matter affecting a client for the use of a third person if
the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer’s relationship with the client.
Assuming there is no incompatibility, the lawyer should advise the client of the implications of the evaluation, including
the lawyer’s duty to third persons.
When the lawyer knows or reasonably should know that the evaluation is likely to affect the client’s interests materially and adversely, the lawyer may not provide the evaluation unless
unless the client gives informed consent.
In terms of an evaluation, information relating to the evaluation is otherwise protected by
the duty of confidentiality.
A lawyer acts as a third-party neutral when he assists two or more non-clients to reach a resolution of a dispute. These lawyer roles are either as an _________ or a __________.
arbitrator or mediator
The lawyer must inform unrepresented parties that the lawyer is not representing them. Furthermore, when the lawyer knows or reasonably should know that a party does not understand the lawyer’s role, the lawyer must
explain the difference between the lawyer’s role as a third-party neutral and a lawyer’s role as one representing a client, including the inapplicability of the attorney-client evidentiary privilege.
In addition to the general prohibition against extrajudicial statements that have a substantial likelihood of prejudicing an adjudicatory proceeding, a prosecutor has special duties. Prosecutors must: (duties of a prosecutor)
(1) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
(2) make reasonable efforts to assure that the accused has been advised of his right to, and the procedure for, obtaining counsel and that he has been given reasonable opportunity to do so;
(3) not seek to obtain a waiver of important pretrial rights from an unrepresented accused;
(4) make timely disclosure of all exculpatory and mitigating evidence (absent a contrary protective order); and
(5) not subpoena a lawyer in a grand jury or criminal proceeding to present evidence about a
past or present client unless the information sought is not protected from disclosure by any applicable privilege, the evidence sought is essential to the successful completion of an ongoing investigation or prosecution, and there is no other feasible alternative to obtain the information.
When a prosecutor knows of new, credible, and material evidence creating a reasonable likelihood that a convicted defendant is innocent, the prosecutor must
must promptly disclose that evidence to the authorities and, if the conviction was obtained in the prosecutor’s jurisdiction, to the defendant. In addition, the prosecutor must undertake further investigation to determine if the defendant was wrongly convicted
T or F When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor must seek to remedy the conviction.
True
What is a nonadjudicative proceeding?
is one in which the tribunal will not render a binding legal judgment directly affecting a client’s interest in the manner
T or F A lawyer representing a client before a legislative or administrative tribunal in a nonadjudicative proceeding must disclose to the tribunal that his appearance is in a representative capacity.
True
T or F A lawyer must conform to the same obligations of candor as to both law and fact imposed by the Rules, the obligation to not unlawfully obstruct access, destroy, conceal, or falsify evidence imposed by the Rules, the obligation to obey the rules of the tribunal imposed by the Rules and the Rules designed to secure the impartiality and decorum of the tribunal.
True
A lawyer employed or retained by an organization represents the organization as distinct from its
directors, officers, employees, members, shareholders, or other constituents.
T or F In transactions between an organization and its lawyer, the client-lawyer relationship is maintained through the constituents of the organization.
True
When the lawyer knows that the organization is likely to be substantially injured by an action of an officer or other constituent that violates a legal obligation to the organization or is in violation of law and might be imputed to the organization, the lawyer must
proceed as is reasonably necessary in the best interests of the organization.
Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so, the lawyer shall refer the matter to
refer the matter to higher authority in the organization, including, if warranted by the circumstances to the highest authority that can act on behalf of the organization as determined by applicable law.
If, despite the attorney’s reporting “up the ladder,” the highest authority that can act on behalf of the organization insists upon or fails to address in a timely and appropriate manner an action, or a refusal to act, that is clearly a violation of law, and the lawyer reasonably believes that the violation is reasonably certain to result in substantial injury to the organization, then the lawyer may
lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure,
but only if and to the extent the lawyer reasonably believes necessary to prevent substantial injury to the organization.
T or F A lawyer for an organization cannot also represent any of its directors, officers, employees, members, shareholders or other constituents
False, as long as there is no conflict of interest.
The lawyer should take steps necessary to ensure that the individual understands that, when there is such adversity of interest, the lawyer for the organization cannot
provide legal representation for that constituent individual, and that discussions between the lawyer for the organization and the individual may not be privileged.
When, in connection with a representation, a lawyer receives funds or other property in which a client or third person has an interest, the lawyer must:
hint do what with the property and make what records?
(1) hold such property separate from the lawyer’s own property;
(2) promptly deliver to the client or third party any property the client or third party is entitled to receive;
(3) keep, maintain, and preserve complete and accurate records for up to five years after the termination of the representation; and
(4) promptly render a full accounting of such property when requested by a client or third party.
T or F A lawyer may deposit his own funds in a client trust account, but only up to the amount necessary to pay bank service charges.
True
T or F A lawyer must deposit into the client trust account all prepaid legal fees and expenses that have been paid in advance. The lawyer may withdraw from the client trust account only fees earned or expenses incurred.
True
