Ethics Flashcards
What must a lawyer promptly communicate to a client under the ethics rules? Name 3.
- major decisions
- how the lawyer will meet the client’s objectives
- the status of their case
- any requests for information from the client
- **Note: there are limits if the client wants lawyer to perform unethical conduct
How well must a lawyer communicate with a client?
Enough so a client can make informed decisions about their case
What is the standard of representation a lawyer must provide?
Competent representation
What is confidential information?
- Personally identifiable information
- Any information about representation of a client
- Rule: Do not reveal any information about a client including that your firm is representing them unless they give you written, signed permission to do so
What are two reasons a lawyer may decline or withdraw from representation of a client?
- there is a conflict of interest
- lawyer cannot competently represent the client
- lawyer is fired by client
- client tries to use lawyer to commit a crime
- client does not fulfill their obligations
Who is a prospective client?
Any person who consults with a lawyer about the lawyer’s services
What are the types clients for which confidentiality must be kept?
- Prospective clients
- Current clients
- Former clients
- Note: clients may be able to waive some confidentiality with a signed and written agreement
What may a lawyer not include in any communications or advertising about their services?
- false statements or facts
- misleading statements or facts
What is the rule around receiving gifts from clients?
- Lawyers/firms cannot accept substantial gifts nor bribes from clients, they may accept simple holiday or thank you gifts.
- RIG only accepts gifts under $25
What is the effect of a conflict of interest with a prospective client and a current client?
Lawyer cannot represent a new client who has a conflict with a current client.
What is a conflict of interest between clients?
When representing one client is directly conflicting with representing another client.
Your firm is representing Lia, a 19 year-old seeking a U-visa. During a client meeting, Lia tells you that her father was abusive to her while she was growing up, and this is the basis of her U-visa claim. Later that week, you receive a call from a man who you find out is Lia’s father, and he wants to hire your firm for his own immigration matter. Can you represent Lia’s father, explain?
- No, you cannot represent Lia’s father
- Conflict of interest
- You will have to show the abuse by the father on Lia’s immigration petition, this is a conflict for representing her father
A client comes to your office seeking asylum as an Afghani woman. She is a university student who was threatened by the Taliban. Later that week, you receive a call from another client who is a female Afghani university student also seeking asylum. Can your office represent both clients under the conflict of interest rules, explain? A receptionist in a law firm answers a phone call, listens to the caller explain their story, and the receptionist tells them they believe they qualify for asylum. Discuss, if any, violations to the legal ethics rules and how they could be avoided. (2 points)
- Yes, you can represent both clients
- There is no conflict of interest
- Your expertise from the first case may actually help the second client in a similar situation
Your office is representing Liam in his asylum case. Liam’s uncle is paying all of his legal fees and has been with Liam during most consultations. Liam won his asylum case, and tells you that he does not want to apply for residency. Liam’s uncle calls you later that day and tells you he wants Liam to apply for residency, and since he is the one paying for Liam’s legal fees, you should start on the residency application despite Liam’s wishes. Can you start on Liam’s residency application, why or why not?
- No, you cannot start on Liam’s residency application
- Liam is the client and lawyers must follow their client’s decisions
- It is a conflict of interest for you to be paid by Liam’s uncle if he is making requests against Liam’s wishes
Who makes the decisions in a legal case?
- The client
- The only exception may be if a lawyer needs to make a tactical decision, but should still consult with the client
