FL Professional Conduct Flashcards
A lawyer may not accept payment for representation of a client from someone other than the client, unless
1) the client gives informed consent,
2) there is no interference with the lawyer’s independent professional judgment or the client-lawyer relationship,
and
3) information relating to representation of a client is protected as required by the duty of confidentiality
A contingent fee is dependent on the outcome of the client’s case.
A lawyer is prohibited from entering into an arrangement for, charging, or collecting a contingent fee for
1) representing a DEFENDANT in a CRIMINAL case
or
2) FAMILY LAW cases
True or False:
A referral or forwarding fee in return for merely recommending another lawyer violates the Florida Rules of Professional Conduct (RPC)
TRUE.
But a lawyer who refers a client to another lawyer may take a share of the fee, provided the agreement complies with the rules for fee-splitting.
A division of a fee between lawyers who are not members of the same law firm can be made only if the total fee is reasonable and (i) the division is in proportion to the services performed by each lawyer, or (ii) by written agreement with the client, each lawyer assumes joint legal responsibility for the representation, agrees to be available for consultation with the client, and fully discloses that a division of fees will be made and the basis upon which it will be made.
A division of a fee between lawyers who are not members of the same law firm can be made only if
The total fee is REASONABLE
and
(i) the division is in proportion to the services performed by each lawyer,
OR
(ii) by written agreement with the client, each lawyer assumes joint legal responsibility for the representation, agrees to be available for consultation with the client, and fully discloses that a division of fees will be made and the basis upon which it will be made
Competent representation requires a lawyer possess the
1) legal knowledge,
2) skill,
3) thoroughness, and
4) preparation
REASONABLE NECESSARY for the representation
A lawyer not competent in the field may accept representation if he or she can become competent WITHIN A REASONABLE TIME or by ASSOCIATING with a COMPETENT LAWYER
Rule for Conflict of Interest
An attorney may not represent a different person in the same or substantially related matter if that person has an interest that is adverse to the interest of the former client.
In addition, an attorney may not use information relating to a past representation in a manner that would disadvantage a former client.
Each member of the Florida bar _______________ annually report whether the attorney has satisfied the professional responsibility of providing pro bono services to the poor.
MUST
When providing non-legal services, why should a lawyer take special care to keep legal and law related services separate?
To avoid the risk that the recipient will infer the ancillary services are legal services
A contingent fee agreement must be in writing and signed by the parties. It must also state the method by which the fee is to be determined, including what?
(1) The % the lawyer receives in the event of settlement/trial/appeal,
(2) EXPENSES to be DEDUCTED FROM RECOVERY
AND
(3) Whether expenses will be deducted BEFORE OR AFTER the contingent fee is calculated
What must be provided to an insured client when the insured is being represented by an attorney whose fees are paid by an insurance company?
Statement of Insured Client’s Rights
When is a lawyer allowed to negotiate for and attain the literary or media rights relating to the representation of a client?
After CONCLUSION OF all aspects of the matter that GAVE RISE TO THE REPRESENTATION
A lawyer is not allowed to act as an advocate at a trial where the lawyer is likely to be a necessary witness, unless what?
(1) The testimony relates to AN UNCONTESTED ISSUE OR the NATURE/VALUE of LEGAL SERVICES GIVEN
(2) The lawyer’s DISQUALIFICATION presents SUBSTANTIAL HARDSHIP TO A CLIENT resents a substantial hardship to a client,
OR
(3) Testimony relates solely to a FORMALITY and there is NO REASON to believe that SUBSTANTIAL EVIDENCE will be offered in OPPOSITION TO THE TESTIMONY
What presumption is made if a lawyer properly notifies a client that she is leaving a firm and the client fails to advise the lawyer and firm of his decision regarding who is to provide him future legal services?
The client is presumed to remain with the firm until he states otherwise.
Fill in the blanks. A lawyer __________ not solicit professional employment from a prospective client in person, by telephone, or other electronic means when a significant motive for doing so is ___________________.
must;
pecuniary gain
True or False: An unlicensed person may not interview clients, draft legal memos, nor fill in blanks on standardized legal forms.
False
May
What sanctions is an attorney subject to if the attorney is found to have engaged in misconduct in violation of the RPC?
(1) Admonition,
(2) Practice & Professional Enhancement Program,
(3) Probation,
(4) Public Reprimand,
(5) Suspension,
(6) Disbarment
True or False: Lawyers may provide financial assistance to clients with respect to pending or contemplated litigation but may not advance court costs and litigation expenses to clients.
FALSE: Lawyers may not provide financial assistance to clients with respect to pending or contemplated litigation
BUT MAY advance court costs and litigation expenses to clients
Can lawyers advance COURT COSTS and LITIGATION EXPENSES to clients?
Yes.
Just CAN’T provide FINANCIAL ASSISTANCE to clients w/ respect to pending/contemplated litigation
What is considered good cause for an attorney to seek to avoid appointment of a client?
“Victor U Really quitting?” (Violation-Unreasonable financial burden-Repugnant)
(1) Rep will likely result in VIOLATION OF RPC/OTHER LAWS
(2) Rep will likely result in UNREASONABLE FINANCIAL BURDEN on lawyer,
OR
(3) CLIENT/MATTER is SO REPUGNANT tolawyer that client-lawyer relationship OR lawyer’s ability to rep client is likely to be IMPAIRED
Fill in the blanks. When representation of MULTIPLE clients in a SINGLE MATTER is ACCEPTED, the consultation must include an explanation of the _______________ of the common representation, as well as the ______________ and ____________ involved.
IMPLICATIONS; ADVANTAGES; RISKS
A lawyer has the authority to make most of the decisions relating to what?
LEGAL STRATEGY/DECISIONS
relating to achieving client’s goals
True or False: Controversies regarding fee amounts are not grounds for disciplinary proceedings unless the amount demanded is clearly excessive, extortionate, or fraudulent.
TRUE
When will a lawyer be held responsible for another lawyer’s RPC violation?
“OKR, Partner w/ MSA didn’t Avoid,Mitigate, or take RRA”
When the lawyer:
(1) ORDERS or KNOWINGLY RATIFIES the conduct;
OR
(2) is a PARTNER, has MANAGERIAL/DIRECT SUPERVISORY AUTHORITY of the other, KNOWS of the conduct when consequences CAN BE AVOIDED/MITIGATED, and DOESN’T TAKE REASONABLE REMEDIAL ACTION
True or False: Generally, if one lawyer in a firm is unable to represent a client because of a conflict, the prohibition is not imputed to the other lawyers at the firm.
FALSE: is imputed
True or False: A lawyer always has an affirmative duty to inform an opposing party of relevant facts.
False.
While an attorney MAY NOT MISREP facts, generally don’t have affirmative duty to inform opposing parties of relevant facts
If a lawyer knows that a client intends to testify falsely and cannot persuade the client not to, what must the lawyer do?
REFUSE to offer the FALSE EVIDENCE
True or False: Willfully refusing to pay a timely child-support obligation is not conduct for which an attorney may be disciplined in Florida.
“Pay them kids GABOR, or you violate 4-8-4”
FALSE;
it is considered misconduct under rule 4-8-4.
In the course of representation and communication with other attorneys, an attorney must not engage in any conduct that is considered to be
unprofessional
