Est atty-client relation

Question 1

What is the RPC recommendation for minimal pro bono hours per year?

Answer 1

20 hours per year

Question 2

What a client has diminished legal capacity, generally the lawyer must maintain a normal lawyer client relationship to the extent reasonably possible. However, if the lawyer reasonably believes that the client cannot adequately protect himself from substantial harm, but made a lawyer do?

Answer 2

The lawyer may seek the appointment of the guardian

Question 3

Where to health, safety, or financial interest of a person with SERIOUSLY diminished capacity is threatened with IMMINENT and IRREPARABLE harm, a lawyer may take legal action on this person’s behalf, if (2 things)

Answer 3

1. The impaired person (or someone acting on his behalf) must have consulted with the lawyer
2. The lawyer should not act unless she reasonably believes the impaired person has no other representative

Question 4

***Generally, under the RPC, a lawyer must not enter into a relationship where the there is a potential conflict of interest is likely to adversely affect his ability to represent both parties. However, despite concurrent conflicts, a lawyer may undertake representation of the following 4 conditions are satisfied.

Answer 4

1. The lawyer reasonably believes he can competently and diligently represent each client,
2. The representation is not prohibited by law,
3. The representation does not involve the assertion of a claim by one client against another client, and
4. Each affected client gives informed consent in writing.

Question 5

***Under the RPC, generally, a lawyer must NOT enter into a business transaction with a client if they have differing interests in the transaction and the client expects the lawyer to exercise professional judgment for the protection of the client. There is an exception for transactions in the clients ordinary course of business (e.g. banking or brokerage services). There is also an exception if the following 3 conditions obtain:

Answer 5

1. The transaction and terms are fair and reasonable to the client and fully disclosed in writing in a way that can be reasonably understood,
2. The lawyer tells the client it has the chance to seek and should seek the advice of independent counsel on the transaction, and
3. The client gives written informed consent.

Question 6

Generally, a lawyer may not draw up a document or instrument giving the lawyer or someone close to the lawyer (family or friend) a gift from the client, including testamentary gifts. The only exception is where?

Answer 6

The only exception is where the client is related to the donee

Question 7

When may an attorney negotiate the literary or media rights based on his representation of his client?

Answer 7

A lawyer may negotiate such rights with his client only AFTER THE CONCLUSION of the matter.

Question 8

Generally, under the RPC, a lawyer may not provide financial assistance to a client in connection with litigation. There are 2 exceptions:

Answer 8

1. A lawyer can advance court costs and expenses of litigation, the repayment of which is contingent on the outcome, and
2. A lawyer representing an indigent client may pay court costs and expenses.

Question 9

Generally, under the RPC, a lawyer must not accept compensation for representing a client from someone other than the client unless the following 3 things obtain:

Answer 9

1. The client gives informed consent,
2. There is no interference with the lawyer’s independence or with the client lawyer relationship, and
3. Information relating to representation of client is protected.

Question 10

If the lawyers representing multiple parties in a single matter, what is required before the lawyer enters into an aggregate settlement on behalf of more than one client? 2 things

Answer 10

1. The lawyer must have informed consent from each client by a signed writing, and
2. There must be disclosure of the existence and nature of all claims or pleas involved

Question 11

Generally, under the RPC, a lawyer may not make an agreement prospectively limiting his liability to a client for malpractice. The only exception is where?

Answer 11

Where the client has independent representation in making that agreement.

Question 12

Under the RPC, may a lawyer settle malpractice claims within unrepresented or former client?

Answer 12

Generally, a lawyer may not, unless the lawyer 1st advises that person in writing that independent representation is desirable, and gives that person a reasonable chance to consult with independent counsel.

Question 13

Generally, a lawyer may not contract to acquire a proprietary interest in the client’s cause of action or litigation, except (2 situations)

Answer 13

1. Reasonable contingency fees in civil cases, and

2. Acquiring a lien granted by law to secure the lawyers fee or expenses.

Question 14

What are the 3 prohibitions on a lawyer representing a client, where sexual relations between the lawyer and client might be involved?

Answer 14

1. A lawyer may not require or demand sexual relations with any person,
2. A lawyer may not employee coercion, intimidation, or undue influence as a condition to representation, or
3. In domestic relations matters, enter into sexual relations with the client at any point during the course of representation.

Question 15

**Under the RPC, if a lawyer formerly represented a client a matter and thereafter has the opportunity to represent another client in the same or a substantially related matter and the new client has interests that are materially adverse to the former client, what does it take for the attorney to be allowed to do so?

Answer 15

The lawyer may only represent both with INFORMED, WRITTEN CONSENT of the former client. This extends to other clients within your firm as well, not just the specific lawyer personally.

Question 16

*Generally, if a lawyer may be called as a necessary witness, he should refuse employment or withdraw from the case. There are 3 exceptions to this prohibition from representation where you will also be a necessary witness:

Answer 16

1. If the lawyer’s testimony relates only to an UNCONTESTED ISSUE,
2. If the lawyer’s testimony will concern only the nature and value of legal services rendered to the client, and
3. If the withdrawal of the lawyer for the purpose of testifying would result in SUBSTANTIAL HARDSHIP to the client because of the distinctive value of the lawyer or firm to the case.

Question 17

As a rule, when a lawyer represents the organization (such as a corporation), it must act in the best interests of that organization. If a lawyer knows of and reports to the organization’s highest authority a violation of law or obligation that is likely to result in substantial injury to the organization, what may lawyer do if there is a failure to take appropriate action?

Answer 17

If you report to a higher authority in the organization a violation of law or obligation that results in injury to the organization and the organization does not take action, this allows the lawyer to report to outsiders the issue as necessary to PREVENT SUBSTANTIAL INJURY to the organization. The obligation is to the organization itself, not any particular officer or director.

Question 18

May a lawyer representing an organization also represent its directors, officers, employees, members, shareholders, or other constituents?

Answer 18

Yes, subject to conflict of interest disclosure and consent requirements.

Question 19

*What is a lawyer’s obligation if there is CREDIBLE EVIDENCE that the client is materially violating federal or state securities law? (Sarbanes-Oxley)

Answer 19

The employer must report it to the clients chief legal officer. If the chief legal officer does not properly investigate the alleged violation, the lawyer MUST report the evidence to: 1. The client’s Board of Directors, 2. The board’s audit committee, or 3. A committee of outside directors.
The lawyer MAY (but is not required) to reveal it to the SEC.

Question 20

*How does the imputation of conflicts work between a single lawyer and his entire firm?

Answer 20

No lawyer in the entire firm may knowingly represent a client when any single lawyer in the firm practicing alone would be prohibited from doing so because of a conflict of interest. This imputed conflict may be waived by the affected client or former client.

Question 21

*When a current private sector lawyer used to work for the government on a particular matter, what are his restrictions and what are his friends restrictions with respect to conflict of interest and representation of private clients?

Answer 21

1. The lawyer who personally worked for the government may not personally work for a private client on the same matter, unless the government gives informed written consent.
2. The conflict of interest is imputed to the firm, unless:
   (i) the former government lawyer is TIMELY SCREENED from participation and does not receive a fee therefrom;
   (II) WRITTEN NOTICE is given to the government agency.

Question 22

1. If a lawyer as a government employee acquires information about a private individual, what restrictions apply that lawyer when he entered private practice?
2. If a current government lawyer used to be in private practice what prohibitions apply to him with respect to conflict of interest?

Answer 22

1. The former government employee may not represent a private client whose interests are adverse to the person in question.
2. The current public officer or employee may not participate in the matter that he had something to do with while in the private sector, or negotiate for private employment with the person who is a party or an attorney in a matter where the government lawyers participating.

Question 23

*When establishing compensation for legal services, the lawyer has a duty to avoid fee misunderstandings. What does this require of him?

Answer 23

Before or within a reasonable time after commencing representation, the lawyer must communicate the scope of representation, the rate of fee, and expenses. It must be communicated IN WRITING.

Question 24

A written retainer agreement or engagement letter must be provided to the client immediately before or within a reasonable period of time after the attorney commences representation if the attorney projects is fees to be more than?

Answer 24

$3000

Question 25

*A retainer agreement must include what 3 elements?

Answer 25

1. The scope of the services,
2. Explanation of fees, expenses, and billing practices,
3. Notice of the clients right to arbitrate a fee dispute.

Question 26

You must give your client a chance to make an informed decision with respect to a contingency fee. Contingency fees are allowed in what type of case, and prohibited in what type of case?

Answer 26

They are permitted in civil cases. Contingency fees are prohibited in domestic relations matters and in defense of criminal cases.

Question 27

In the domestics relation matter, a lawyer may only obtain a security interest to secure his fee if: 3 things

Answer 27

1. The retainer agreement provides that the security interest may be sought,
2. Notice of an application for security interest has been given to the other spouse, and
3. The court grants approval of the security interest.

Question 28

***At the initial meeting, prior to signing a written retainer, a lawyer must provide a prospective client with what?

Answer 28

A statement of the clients rights and responsibilities

Question 29

Where there is a division of labor between 2 attorneys, they may divide the fees proportionately if the client so agrees. If one attorney refers a client to another attorney, may he collect a referral fee?

Answer 29

Nope, referral fees are categorically UNETHICAL!

Question 30

If the fee arrangement hasn’t been formally established and the attorney wishes to charge the client, how may the client ratify a fee arrangement?

Answer 30

The client may ratify if the client has: 1. A full understanding of the facts that make the agreement VOIDABLE, and 2. Knowledge of her rights as a client.

Question 31

*Generally, under the RPC, any New York civil matter that results in a dispute over fees is subject to arbitration AT THE ELECTION of the CLIENT. There are, however, the following eight exceptions:

Answer 31

1. Criminal representations,
2. Disputes for less than $1000 or more than $50,000
3. Claims involving substantial legal questions, like professional malpractice or misconduct,
4. Claims against a lawyer for damages or affirmative relief other than adjustment of the fee,
5. Disputes where the fee is determined pursuant to statute, rule, or court order,
6. Where no services have been rendered by the lawyer for more than 2 years,
7. Where the attorney or case has no connection to New York, and
8. Where the request for arbitration is made by someone other than the client or a legal representative of the client.