Ethics

Question 1

Confidentiality

Answer 1

Attorneys must keep client secrets safe
Exceptions:
sued for malpractice
sue client for legal fees

Question 2

Attorney-Client Privilege

Answer 2

Attorney cannot be made to testify; information not discoverable

Question 3

Attorney Work Product

Answer 3

any work done for a client is confidential

Question 4

Competence

Answer 4

Requires skill and capacity (mental, emotional and physical) to represent a client
Exceptions:
Association = associate with competent council
Consultation = consult with competent council
“Gearing up” = study, research and do the work on your own

Question 5

Cold Calling Advertising

Answer 5

Solicit business not allowed

Exceptions can cold call a current client and family members

Question 6

Written Advertising

Answer 6

Can advertise in writing and target writing
Rules:
1. Envelops must say advertisement/advertising
2. First page must say advertisement/advertising
3. Must be 12 font or larger

Question 7

Certified Specialist

Answer 7

Can’t be certified unless take a test with state bar

Question 8

Exception to Confidentiality

Answer 8

Can reveal client information

if reasonably believe it will protect someone from death/serious bodily harm

Question 9

When is a client a client

Answer 9

Reasonable expectation of the consumer
If client
If client still believes they are the client

Question 10

Fee Agreements

Answer 10

Hourly and Fixed Fees must be in writing when bill expected to be over $1K
Contingency must always be in writing
Hybrid - part hourly and fixed fee