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Practicum Final > Final > Flashcards

Final Flashcards

1
Q

Who determines who can and cannot practice law?

A 
The Supreme Court 
LICENSURE
SANCTION
ADMISSION
REMOVAL
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2
Q

Bar Associations

A

ABA-American Bar Association
MSBA-Minnesota State Bar Association
HCBA-Hennepin County Bar Association
RCBA-Ramsey County Bar Association

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3
Q

Public Sector Jobs

A 
Attorney General
County Attorney
City Attorney
Public Defender
Legal Aid
Educational Institutions
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4
Q

Integrated bar association

A

California: Membership required

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5
Q

Lawyer Discipline

A

CANONS OF PROFESSIONAL CONDUCT (1908)
ABA MODEL RULES OF PROFESSIONAL CONDUCT (1969)
CANONS: Statements of general concepts
DISCIPLINARY RULES: Mandatory rules of conduct, violation resulted in sanctions
ETHICAL CONSIDERATIONS: those that are advisory or aspirational (no discipline if violated)

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6
Q

Model Rules of Professional Conduct 1983

A

MINNESOTA ADOPTS AS THE MINNESOTA RULES OF PROFESSIONAL CONDUCT IN 1985

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7
Q

OLPR

A

Office of Lawyers Professional Responsibility Receiving mail from the Office of Lawyers Professional Responsibility (OLPR) in an envelope marked “Personal and Confidential” is sure to ruin any lawyer’s day.

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8
Q

Ethics Opinions

A

Written by courts and establish precedent

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9
Q

Possible sanctions

A

Disbarment, suspension, public reprimand, and reprimand.

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10
Q

Ethical violations

A

can result in sanctions, sanctions are different from malpractice.

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11
Q

How many certified ABA programs are there

A

250

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12
Q

Rule 5.3

A

Rule 5.3

Attorney supervision of non-lawyers
Lawyers are responsible for actions on non-lawyers

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13
Q

What paralegals can do

A

All tasks delegated by an attorney
All items under attorney direct supervision
Provide knowledge and information

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14
Q

What paralegals cannot do

A 
Provide direct services to public 
Give legal advice 
Accept or reject clients for firm 
Solicit cases 
Represent before tribunal 
Split legal fees 
Unauthorized practice of law (UPL)
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15
Q

Pro Hac Vice

A

Special rules that allow a lawyer to represent a client in a state court in a state where the lawyer is not licensed to practice

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16
Q

The Professional Judgment Test

A

whether the activity at issue is one that requires the lawyer’s special training and skills.

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17
Q

The Traditional Areas of Practice Test:

A

whether the function in question is one that would traditionally be performed by an attorney or is commonly understood to be the practice of law.

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18
Q

The Incidental Legal Services Test:

A

whether the activity is essentially legal in nature or is a law-related adjunct to some business routine or transaction.

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19
Q

What constitutes giving legal advice

A 
Recommending course of action
Outlining clients rights and responsibilities 
Evaluating outcome 
Interpreting law or statutes 
Recommending how to proceed
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20
Q

What constitutes the practice of law

A

Making Court Appearances
Includes taking depositions and signing pleadings
Establishing the Attorney-Client Relationship
Giving Legal Advice

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21
Q

Jailhouse lawyer

A

Inmates who help other inmates prepare postconviction writs

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22
Q

Attorney-Client Privilege

A

Rule of evidence that protects confidential communications between lawyer and client during their professional relationship.

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23
Q

What paralegals can do

A

conduct legal and factual research and investigation
draft memoranda, pleadings, and other legal documents
prepare standard form documents
prepare correspondence for attorney and paralegal signature
interview clients and witnesses
act as liaison with clients and others outside the firm
organize, analyze, and summarize legal documents
file documents with courts and government agencies
handle procedural, administrative, and scheduling matters

24
Q

Need to expand resources for legal help and services

A

The decrease in funding for the legal services corporation that formerly supplied legal services to people of low and moderate income
The increase in the need for legal services, due to the proliferation and complexity of laws
The rising cost of legal services provided by lawyers

25
Q

Need to expand resources for legal help and services

A

The decrease in funding for the legal services corporation that formerly supplied legal services to people of low and moderate income
The increase in the need for legal services, due to the proliferation and complexity of laws
The rising cost of legal services provided by lawyers

26
Q

Importance and basis of rule

A

Rule applies to everyone working on the case.

27
Q

Attorney-client privilege

A

The rule of evidence that protects confidential communications between a lawyer and client made in the course of the professional relationship

28
Q

Privilege does not apply to

A

Identity of a client or to a client’s whereabouts
Fee arrangement between a lawyer and client
Preexisting documents
Physical evidence of a client’s crime

29
Q

Work Product Doctrine

A

Protects the work done by a lawyer and his or her employees and agents in the process of representing a client in litigation.

30
Q

Law firms must protect confidentiality

A

Law firms need to have and follow well-established policies and procedures to prevent inadvertent disclosure of confidential information.

31
Q

How to protect confidentiality

A

PDF
Don’t send electronically if highly sensitive
Make sure identified as confidential document
make sure only sent to intended recipients
Do not forward emails

32
Q

How to protect confidentiality

A

PDF
Don’t send electronically if highly sensitive
Make sure identified as confidential document
make sure only sent to intended recipients
Do not forward emails

33
Q

Rule 1.7 Duty of Loyalty and Confidentiality

A

cannot represent individuals when interest is at odds with another current client

34
Q

Rule 1.7 Duty of Loyalty and Confidentiality

A

cannot represent individuals when interest is at odds with another current client
representation that is adverse to former client
representation of clients whose interests are aligned
checking for conflicts
lawyers interests in business or financial that are adverse to a client
Waivers in representing multiple clients
avoid appearance of impropriety

35
Q

Rule 1.7 Duty of Loyalty and Confidentiality

A

cannot represent individuals when interest is at odds with another current client
representation that is adverse to former client
representation of clients whose interests are aligned
checking for conflicts
lawyers interests in business or financial that are adverse to a client
Waivers in representing multiple clients
avoid appearance of impropriety

36
Q

Bates v. Arizona

A

Until Bates, most forms of lawyer advertising were prohibited.
The Court held that lawyer advertising—like other forms of commercial speech—was protected, and states could prohibit advertisements only in limited ways.
Must be truthful, cannot be false or misleading.
Some states prohibit testimonials.

37
Q

Rule 7.1

A

Rule 7.1

Prohibits lawyers from making false or misleading communications abut themselves or their services.

38
Q

Rule 7.2

A

Rule 7.2

advertising through written, recorded, or electronic means. Cannot pay person for recommendation. One lawyers name must be a part of the ad with address.

39
Q

Rule 7.3

A

Rule 7.3

must include the fact that this is an advertisement

40
Q

Rule 7.4

A

Rule 7.4

Can identify specialization approved by state

41
Q

Rule 7.5

A

Rule 7.5

Names on letterhead, may have paralegals names, as long as identified. brochures, newsletters, websites, truthful honest not misleading or false, disclaimer or waiver-should include no advice being given and no attorney-client relationship established. Can send out letter. No direct solicitation, phone call, etc, prohibits runners.

42
Q

Types of fees

A

Fixed fees, contingency fees, hourly fees.

43
Q

Fixed fees

A

Fee for legal services based on a set amount

44
Q

Contingency fees

A

Fee depends on the successful outcome of a case and is based on a percentage of the recovery

45
Q

Hourly fees

A

Fee based on hourly rates and the amount of time actually expended

46
Q

Retainer agreements

A

retainer is a fee paid at the commencement of agreed-upon work, to assure the availability of the lawyer to handle specified matters

47
Q

Fee Splitting

A

Ethics codes have long limited the splitting of fees between or among lawyers who are not members of the same firm. Must be a part of the case.

48
Q

Referral Fees

A

A portion of a client’s fee is paid to another attorney simply for referring a case.

49
Q

Commingling of funds

A

Commingling is the mixing of client funds with lawyers’ funds.

50
Q

Conversion of funds

A

The tortious deprivation of another’s property without justification or authorization.

51
Q

IOLTA

A

Interest on Lawyers Trust Account. Have to keep client funds separate from the rest of the firms funds until they have been earned.

52
Q

Competence

A

Legal knowledge, skill, thoroughness, and preparation
Reasonable diligence and promptness
Communication with clients to keep them informed about the status of their matters, to comply with reasonable requests for information, and to explain matters so that clients can make informed decisions

53
Q

Certified Legal Assistant/Certified Paralegal:

A

Certification for paralegals offered by NALA for passing the Certified Legal Assistant examination. Not in Minnesota.

54
Q

Registered Paralegal:

A

Certification offered by NFPA for passing the Paralegal Advanced Competency Examination

55
Q

Malpractice

A

Improper conduct in the performance of duties by a professional, either intentionally or through negligence

56
Q

What constitutes malpractice now

A 
Substantive incompetence
Management incompetence
Poor communication skills and practices
Fee misunderstandings
Substance abuse and stress
57
Q

Avoiding malpractice

A

Memorialize all communication and correspondence
Keep files organized and backup
proper investigation before accepting client
return emails and phone calls
understand clients expectations
unsettled areas of law, make sure client understands process of dealing with
review files regularly
attorneys review and supervise

Practicum Final (1 decks)

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