Essay Pqs Flashcards
Can a lawyer enter into an agreement restricting his right to practice ?
(Rule 5.6)
No, a lawyer shall not make or offer an agreement in which a broad restriction on the lawyer’s right to practice part of the settlement of a claim.
Unless, that restrictions is approved by a tribunal or governmental entity
A lawyer must withdraw when
Representation would violate the virginia rules
To withdraw a lawyer must
1) notify the client of his withdraw
2) seek leave of court
3) take reasonable measures to minimize harm
Lawyers and judges have a duty to report
A fellow lawyers serious misconduct to the appropriate authority when they have
“reliable information that another lawyer has committed misconduct that”raises a substantial question as to that lawyer’s honesty or fitness”
A lawyer shall not bring an issue unless
there is a no frivolous basis for doing so
A lawyer shall not make a false statement of fact or law to a
tribunal
A lawyer shall not make frivolous discovery requests or
fail to comply to a legally proper discovery request by an opposing party
The Court may impose sanctions and strike a pleading when a lawyers
fails to adhere to a discovery order (not attending a deposition etc)
However, the court cannot find the lawyer in contempt
When a lawyer makes a written or oral motion he certifies that
1) he had read the pleading or motion;
2) To his best knowledge, after a reasonable inquiry, it is well grounded in fact and law
3) it being offered for any improper purpose
Can a court impose a sanction that a lawyer cannot practice before it ?
Yes and the judge should inform the Virginia State bar about the misconduct
For a settlement offer a lawyer has a duty to
inform the client of the offer and to abide by a client’s decision regarding acceptance
