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Florida Bar > Florida Professional Responsibility > Flashcards

Florida Professional Responsibility Flashcards

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1
Q

Sale of a law practice is permitted but is subject to certain requirements. They are:

A
  1. The entire practice or area of practice may be sold to different purchasers (some states only allow one)
  2. The purchaser must be authorized to practice law in Florida.
  3. Written notice must be sent to the firm’s clients informing them of the sale and their right to retain other counsel. Client consent is presumed if the client does not object within 30 days of the notice.
  4. The purchaser cannot increase the fee. (must honor the fee agreement)
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2
Q

Generally, a lawyer can only practice in a state where _____.

A

admitted.

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3
Q

A lawyer not licensed in FL cannot ____ to provide legal services in FL.

A

advertise

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4
Q

A lawyer not admitted in FL cannot _________ in FL or hold out to the public that the lawyer is admitted in FL.

A

establish an office.

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5
Q

In areas of Federal law involving __, _____, and ___, a lawyer admitted in another jx may provide legal services in FL limited to these specific areas of law.

A

patent, immigration, tax

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6
Q

In order to be admitted pro hac vice in FL, a non-Florida lawyer must _____. The attorney may be admitted for _____.

A

file a motion with the court;

that case only

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7
Q

More than __ appearances in 365 days is presumed to be the general practice of law and thus ineligible for admission pro hac vice.

A

3

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8
Q

_____, _______, and _____ not eligible for admission pro hac vice

A
  1. inactive
  2. suspended
  3. former members of the FL Bar
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9
Q

Florida resident is not eligible for admission pro hac vice unless

A

application for admission has been filed.

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10
Q

A lawyer cannot assist another to engage in ____.

A

the unauthorized practice of law

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11
Q

Lawyer must ____ non lawyer staff. This means what?

A

supervise Lawyer must give non-lawyer “specifically delegated” tasks. Can’t say “handle things while I’m gone.”

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12
Q

Lawyer cannot accept employment by a _____ group the purpose of which is to ___ non laywers.

A

nonlawyer assist Sham: paralegals formed a law firm and hired 1 lawyer to supervise.

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13
Q

A __ or _____ lawyer cannot be employed under the supervision of another lawyer who was supervised by the individual at the time of the acts that caused the suspension or disbarment.

A

suspended or disbarred (can’t be a clerk at the law firm after you were disbarred at that firm).

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14
Q

A lawyer admitted in a state other than FL may provide temporary legal services in FL if:

A
  1. Undertaken in association with a FL lawyer who actively participates, OR
  2. Reasonably related to a pending or potential proceeding where the lawyer is admitted, OR
  3. Performed for a client who resides where the lawyer is admitted, OR
  4. Reasonably related to the lawyer’s practice where lawyer is admitted *Interviewing witnesses and reviewing documents is permitted.
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15
Q

T/F: Restrtictive covenants are permitted for lawyers.

A

Wrong. No restrictive covenants for lawyers.

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16
Q

What are the rules re pro bono in FL?

A

Pro bono is not required – only aspirational. Bar encourages you to complete 20 hours/ $350/yr. Recording of pro bono hours is required even if 0 hours completed.

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17
Q

In FL, there can be no _____, _____, or _____ firm names, such as Meader & Associates if a sole practitioner.

A

false, deceptive, misleading. No Ginsburg, Sotomayor, & Meader, LLC.

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18
Q

Trade names are generally permitted, but: (2 rules)

A
  1. avoid deceptive trade names
  2. cannot imply a connection with an agency or public charitable legal services organization (like the SS office)
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19
Q

Law firm name can include “Legal Clinic” or “Legal Services” if law firm’s practice devoted to ______ at _____ rates.

A

routine legal services reduced (can’t be antitrust)

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20
Q

The name of a lawyer holding _____ may not be used in the name of th elaw firm during any period in which that lawyer is not actively and regularly practicing with the firm.

A

public office

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21
Q

“Nonsense” name is allowed for advantageous position in the _______, but only if the lawyer/firm actually practices under that nonsense name.

A

telephone directory So If Aaaaaaawesome law firm. Have to present yourself that way in court.

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22
Q

Fee cannot be ________ ________.

A

clearly excessive ($1000 per hour)

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23
Q

Fee cannot be generated by employment based on violation of the _____ or ______ rules, or by fraud.

A

advertising or solitication.

If ad is unethical, then so is fee.

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24
Q

Fee cannot exceed a reasonable fee or constitute clear overreaching or unconscionable demand. Factors to consider include:

A
  1. Time spent on the matter
  2. Time limitations placed on the lawyer by the client or circumstances.
  3. Complexity and novelty
  4. Amount of money involved
  5. Lawyer’s skill, experience and reputation
  6. What is customarily charged in the area (VA different than Miami, e.g.)
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25
Q

What is a contingency fee? What is required in order for a lawyer to charge a contingency fee?

A

Lawyer is paid a percentage of recovery if the client is successful. Agreement must be in writing and signed by client and every participating lawyer.

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26
Q

What is required in a contingency fee agreement?

A
  1. In writing
  2. Signed by client
  3. Signed by every participating lawyer

Agreement must state:

  1. percentages in event of settlement, trial, or appeal
  2. if expenses will be deducted before or after percentage taken (net/gross)

At end of case, closing statements with calculations and final fees must be provided. In personal injury and property damage – statement of client rights.

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27
Q

Non-contingency fee agreements are ____ required to be in writing unless ___.

A

not

any portion is non-refundable.

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28
Q

At the conclusion of a case with a contingency fee, what must be provided?

A

A closing statement with calculations and final fee.

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29
Q

There can be no contingency fee arrangement in what types of cases? *Exception?

A

Divorce, alimony, custody, child support, criminal cases *

Exception = contingency fee is allowed in a case to collect post-judgment balance of support or alimony. Considered a collections case.

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30
Q

What is included in the statement of client rights req’d in contingency fee cases?

A
  1. The client has a right to cancel within 3 days and owe no fee. Client, however, is required to pay reasonable expenses advanced by lawyer.
  2. Statement must disclose lawyer’s experience and education
  3. Statement must disclose whether the lawyer will handle the case alone.
  4. Statement must disclose the right to a closing statement
  5. Statement must disclose the right to be kept fully informed.
  6. Statement must disclose client’s right to make settlement decision.
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31
Q

There are fee limits on the percentage of recovery in fee contingency cases.

A

Before Answer:

  1. up to $1 million = 33.33%
  2. between $1-$2 million = 30%
  3. over $2 million = 20%

After Answer:

  1. up to $1 million = 40%
  2. between $1-$2million = 30%
  3. over $2 million = 20%

If D admits liability

  1. Up to $1 million = 33.33%
  2. between $1 - $2 million = 20%
  3. over $2 million = 15%

Appeal = 5%

Medical Malpractice

  1. For 1st $250,000 = 30%
  2. over $250,000 = 10% of all damages
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32
Q

T/F: Sharing a fee with lawyers in the same firm is allowed even if the other lawyers did no work on the case.

A

True.

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33
Q

Sharing of a fee with a lawyer in a different firm is allowed if:

A
  1. total fee is reasonable, and either

A. Fee is split based on the amount of work OR

B. there is a written agreement with the client; and

  1. each lawyer assumes joint responsibility and
  2. each lawyer is available for consultation
  3. the basis of the fee split must be disclosed to client and
  4. lawyer need not actually do any work to share in the fee.
  5. Advertisement must state any intention of lawyer to refer the case to another lawyer.
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34
Q

How must a fee be split in a personal injury or property damage case?

What’s the policy concern?

A

75% minimum for a lawyer with primary responsibility

Waiver with court permission if equal participation.

FL doesn’t like attorneys who advertise and refer

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35
Q

T/F: Sharing of legal fee with a non-lawyer is prohibited.

A

True

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36
Q

A law partnership that provides both legal services and pizza is _____.

A

not permitted

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37
Q

Non-lawyers cannot _____ in legal services business.

A

Invest.

FL lawyers can incorporate, but can’t have non-lawyer shareholders.

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38
Q

Non-lawyers cannot control the __________ of a lawyer.

A

professional judgment

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39
Q

Kickbacks for referral are ____ permitted.

A

not

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40
Q

Bonus can be paid to a non-lawyer employee for extraordinary effort if not based on ____ or ________. What is the exception?

A

generation of business

percentage of legal fees received

Can give secretary $1000 bonus if she’s been working nights and weekends so long as not 10% of all fees, e.g. Exception = Laywer may share court awarded attorneys fees with a not for profit pro bono organization that hired lawyer in that matter.

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41
Q

A non-client paying the fee is permitted if:

A
  1. Client consents
  2. There is no interference with the attorney-client relationship
  3. Confidentiality is protected. E.g., parent/child or corporation/director
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42
Q

If a lawyer is paid by an insurance company to represent the insured, insured must receive Statement of Client Rights informing the insured that:

A
  1. lawyer will follow instructions from insurance company if insurance policy so provides
  2. lawyer may share confidential information from insured with insurance company
  3. insurance policy may give insurance company right to decide whether to settle
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43
Q

What forms of payment can be accepted by attorneys?

A

cash, cc, real property, personal property.

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44
Q

There is a possible problem with personal property payment where the _______.

A

the attorney has a greater knowledge of the value of the property.

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45
Q

Transfer of media rights prior to the conclusion of a case is ____ permitted.

A

not

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46
Q

What is the problem with charging $10 to send a fax?

A

All expenses must be reasonable. Consider actual expense and prior disclosure to client.

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47
Q

Business deals with clients are permitted if:

A
  1. deal is fair and reasonable to the client
  2. deal is in writing
  3. client given reasonable opportunity to get independent counsel and
  4. client consents in writing
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48
Q

Acceptance or solicitation of a _______ involving a legal instrument to a lawyer or lawyer’s family member is not permitted, unless client is ______ to lawyer. If a client insists on gift to lawyer, then ___.

A

substantial gift

related

The entire law firm cannot prepare the instrument.

*Cannot take a gift from client via will that you drafted.

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49
Q

What are the rules on providing financial help to a client?

A

General rule = not allowed.

Lawyer cannot pay client’s bills and cannot lend money to the client.

Exceptions = lawyer can pay court costs and litigation expesnes in contingency fee case or if client is indigent. (medical fee for damages, filing fee, etc.)

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50
Q

A lawyer cannot limit liability for ____. An agreement for mandatory arbitration of fee disputes is allowed if client is advised ______ to retain independent counsel.

A

malpractice.

in writing

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51
Q

A lawyer cannot settle a _______ case with a client without telling the client in writing to get independent counsel.

A

malpractice (The client doesn’t have to get IC, but lawyer has to advise her to).

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52
Q

______ cannot act as opposing counsel.

A

family members inc.: parents, siblings, spouses, and children * Client waiver permitted *Law firm not disqualified, only the family member.

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53
Q

A lawyer cannot represent two clients if:

A
  1. clients interests are directly adverse, or
  2. lawyer’s representation of one creates substantial risk of material limitation of ability to rep the other
  3. clients can waive the conflict by consenting but only if attorney reasonably believes that there will be no adverse effect.

Waiver must be in writing.

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54
Q

A lawyer representing two clients can proceed if waiver of conflict so long as

A

waiver is in writing and the attorney reasonably believes that there will be no adverse effect

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55
Q

T/F: Representation of multiple clients on the same side in a civil case is generally permitted.

A

True.

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56
Q

What should you watch out for in an aggregate settlement offer for multiple clients on the same side in a civil case?

A

All clients must consent after consultation and disclosure.

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57
Q

Is representation of multiple criminal defendant clients ok?

A

It is not ineffective assistance of counsel as a matter of law, but watch out for conflict of interest between co-defendants.

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58
Q

You cannot represent a new client who is suing a former client in _________, unless former client ______.

A

the same or a substantially related manner

consents and waives the conflict.

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59
Q

You cannot use ____ ________ against a former client on behalf of a new client.

A

confidential information

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60
Q

A former gov’t lawyer cannot enter private practice and represent client in a case that the gov’t lawyer was ______________.

A

personally and substantially involved.

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61
Q

A former gov’t lawyer cannot use _______

A

confidential government information

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62
Q

A corporate lawyer’s client is ______, not ______.

A

the corporation,

not directors, officers, shareholders, or employees

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63
Q

A corporate lawyer can represent a director/officer/employee if

A

there is no conflict between the corporate entity and the individual

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64
Q

What is the general rule re conflict of interest and the rest of the attorney’s firm? Exceptions?

A

If one lawyer is disqualified because of a conflict, the entire firm is disqualified.

Exceptions:

  1. family member as opposing counsel created conflict
  2. conflict is a personal interest conflict (political view)
  3. if newly associated government lawyer or judge is screened and does not share fee. (conflicts created by non-lawyer in law firm do not disqualify the entire law firm if non-lawyer with conflict is screened).
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65
Q

Conflicts created by non-lawyer in law firm do not disqualify the entire law firm if non-lawyer with conflict is ______.

A

screened

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66
Q

If there is a conflict with X attorney and Z client at ABC, LLC, can the firm represent the client if X leaves the firm?

A

Ask whether any remaining lawyer has confidential informaiton. If not, ok.

67
Q

General rule of confidentiality =

A

lawyer shall not reveal unless client consents

68
Q

The duty of confidentiality applies even if the lawyer is not hired and it continues even __________.

A

after the relationship is over

69
Q

What are the exceptions to the general rule of confidentiality? (Must disclose &

; May disclose)

A

Must reveal:

  1. to prevent a future crime
  2. to prevent death or substantial bodily injury (can even be past behavior – if C says she planted a bomb yesterday).
  3. if ordered by the court

May reveal if:

  1. in a controversy between lawyer and a client (just to defend, not retaliate) 2. to establish a defense in any case against the lawyer (even if the dispute is with someone else).
70
Q

A lawyer who obtained confidential information from a prospective client may not represent another client in the ________. Other lawyers in the firm are not disqualified if the lawyer with confidential information is _____.

A

same or substantially related matter.

screened (think of divorce case where one spouse trying to prevent the other from getting a lawyer).

71
Q

What is the implied authority exception?

A

Allows revealing of confidences of client when (1) reasonably necessary to carry out the representation or (2) disclosure is made to co-workers in the firm.

72
Q

What is the rule re touching v. viewing physical evidence?

A

Touching/ possession of physical evidence = confidentiality does not apply. (turn over to police immediately).

Viewing physical evidence = confidentiality applies. (can go look at shallow grave).

73
Q

Lawyer shall not bring a frivolous claim or make a frivolous argument. Frivolous means ______. What is not considered frivolous?

A

Frivolous = brought to harass or not in good faith

NOT frivolous:

  1. position was a loser in the past but there is good faith argument for reversal
  2. lawyer this case is a loser, but a good faith argument exists
  3. current facts are insufficient but discovery is upcoming
74
Q

Lawyer must disclose legal authority ______ on the court _____ adverse to client not disclosed by opposing counsel.

A

controlling; directly

75
Q

If L knows testimony is false, L ________. If L only has a reasonable belief testimony is false, _________.

A

L must not offer it

L’s option whether to offer it.

76
Q

If client wants to permit perjury: (civil & criminal)

A
  1. Tell client not to do it or to correct the past testimony
  2. if client refuses, lawyer should withdraw
  3. if withdrawal is not possible, lawyer should disclose information to court.

Criminal Same, but if court gives permission, can follow “narrative” approach.

77
Q

A L can make no inducements to a ______.

A

fact witness

78
Q

An expert fee is allowed for expert witness, but cannot be _______.

A

contingent on result

79
Q

Reimbursement for reasonable expenses is permitted for ______.

A

all witnesses

Must be reasonable.

Not tickets to the game.

80
Q

Telling the witness not to talk to the other side is not allowed unless

A

witness is client or a relative or employee of your client.

81
Q

L cannot be an ____ and a ______ in the same trial. Exceptions:

A

advocate and witness

Exceptions:

  1. matter is uncontested
  2. nature and value of legal services are at issue
  3. substantial hardship would result to client if lawyer is disqualified.
82
Q

Is the law firm disqualified if a lawyer must testify?

A

General rule = no, but if lawyer’s testimony is contrary to the client’s position, then no.

83
Q

A lawyer cannot assert personal knowledge or _____ at trial.

A

opinion

84
Q

Unlawful destruction of documents that are relevant to ____ or _________ is prohibited.

A

pending or reasonably foreseeable proceeding

85
Q

It is unethical to threaten criminal charges or disciplinary proceeding solely to __________.

A

obtain advantage in a civil matter. (Can’t threaten the other attorney with disciplinary proceeding to get attorney to advise client to settle).

86
Q

What are the rules re contacting jury members?

A
  1. Cannot communicate with anyone on potential juror list before trial.
  2. Communication during trial is not allowed.
  3. Communication after trial is allowed only to determine whether verdict is subject to legal challenge. Court approval required. (very narrow). (special in FL)
87
Q

Ls can make no media statements that have a ______ of materially prejudicing the trial.

A

substantial likelihood

88
Q

What are the rules re client trust accounts?

A
  1. lawyer’s funds must be kept separate from client’s (no commingling).
  2. one account for all clients is permitted
  3. overdraft protection is not permitted
  4. advances for fees and expenses go into client trust account (not your money until you earn it).
  5. must keep records 6 years.
  6. non-refundable fee to guarantee availability of lawyer must be confirmed by letter to client. (allowed in your account).
  7. If bank charges a fee on client trust acccount L may put own money in trust account to cover bank charge.
89
Q

When MUST an attorney withdraw?

A
  1. cont’d representation would be a violation of any Rule.
  2. discharged
  3. physical or mental condition requires withdrawal
  4. client persists in course of action involving L’s services that lawyer reasonably believes is criminal or fraudulent
  5. client has used L’s services to perpetrate a crime or fraud.
90
Q

An attorney MAY withdraw when?

A
  1. client insists on criminal or fraudulent conduct
  2. client is repugnant or seeks imprudent objective
  3. L will suffer unreasonable financial burden (not get paid)
  4. client insists on action with which the lawyer has a fundamental disagreement *If ordered by the court to stay in the case, you cannot withdraw.
91
Q

In a civil case, who decides whether to accept a settlement?

A

client

92
Q

In a criminal case, the client decides:

A

the plea

whether to waive the jury

whether to testify

93
Q

T/F: L’s representation of client is not endorsement of client.

A

True

94
Q

L cannot contact a person represented by another laywer, unless

A

the other lawyer consents *exception: L can speak with represented person seeking a second opinion.

95
Q

If a corporation is the opposing party and is represented by counsel, L cannot contact ___, unless the corporation’s lawyer consents.

A
  1. persons having managerial responsibility
  2. current employees who supervise, direct or regularly consult with the corporation’s lawyers, or whose acts can be imputed to the corporation

*Can contact former employees of the corporation.

96
Q

What are the rules in dealing with an unrepresented party?

A
  1. Cannot act as if you are disinterested (Can’t say I’m here to help - have to identify as lawyer for the other side).
  2. No legal advice other than get a lawyer.
97
Q

The FL advertising rules apply to all forms of communication in any _____ or _____ forum. Advertising includes all forms of communication seeking legal employment. _______ and _______ are treated the same as tv and newspaper ads.

A

print or electronic

websites AND social networking

98
Q

The FL advertising rules only apply to portions of a multistate law firm website that ___________ or ________.

A
  1. directly relate to legal services provided by a member of the firm who is a member of the FL Bar OR
  2. relate to legal services in FL
99
Q

FL advertising rules do not apply to ads broadcast in another state even if a member of the FL Bar is a member of that firm, so long as .

A

the ad is not broadcast in FL or not targeted at FL Residents

100
Q

Do FL advertising rules apply to national media ads?

A

Not if the words “cases not accepted in FL” is plainly noted in the ad.

101
Q

FL advertising rules do apply to lawyers not admitted in FL, who ________.

A

target FL residents for legal employment. * Rule = a lawyer not admitted in FL cannot target ads to Florida residents unless part of a class action lawsuit pending in another state.

102
Q

All ads for legal employment must include:

A
  1. the name of at least one lawyer or the name of the law firm responsible for the content of the ad.
  2. the city, town or county of one or more office locations where legal services will be provided. (must be bona fide office)
  3. If the case is to be referred to another law firm, the ad must include a disclosure of this fact.
103
Q

An ad cannot be deceptive or ______.

A

inherently misleading

104
Q

An ad cannot contain a _______ that is factually or legally inaccurate or imply the existence of a non-existent fact.

A

material statement (over 20 years experience if 2 lawyers each with 10 years).

105
Q

An ad cannot ______ or _______ success or specific results.

A

predict or guarantee

106
Q

An ad cannot refer to past results unless ________.

A

objectively verifiable (not fleshed out what OV means)

107
Q

An ad cannot include _______ to the skill, experience, reputation, or record of other lawyers unless objectively verifiable.

A

comparisons

108
Q

T/F: An ad can include personal attributes such as “honest” “trustworthy” “aggressive” and aspirational statements, such as “My goal is”, “I strive to.”

A

True

109
Q

An ad can include areas of practice in which the laywer limits her practice, but she cannot be identified as a specialist unless

A

certified by State Bar

110
Q

A dramatization of an actual or fictitious event is not allowed unless the words ___________. are displayed.

A

“Dramatization. Not an Actual Event.”

111
Q

Statements that the lawyer will engage in improper tactics are _____.

A

prohibited. E.g., 1800Pitbull

112
Q

An authority figure such as a _____ or ______ may not be used in an ad to endorse or recommend the lawyer or act as a spokesperson.

A

judge or law enforcement officer

113
Q

An actor in an ad must be ______.

A

Identified as an actor

114
Q

A testimonial is not allowed if it: (6 things)

A
  1. regards a mater the person making the testimonial is not qualified to evaluate
  2. is not the actual experience of the person
  3. is not representative of what clients of that firm generally experience
  4. has been written or drafted by the lawyer
  5. Is made in exchange for something of value or
  6. does not include a disclaimer that a prospective client may not obtain the same or similar results. *Truthful testimonials by past clients regarding courtesy and promptness are permitted.
115
Q

T/F: An ad cannot say it was approved by the FL Bar.

A

True

116
Q

An ad cannot use an image, sound, video or dramatization that is designed to appeal to ____ rather than a rational evaluation of a lawyer’s suitability to represent the prospective client.

A

emotions

117
Q

An ad cannot contain the voice or image of a ______, except that the voice or image of a local announcer, DJ, or radio personality who regularly records ads are allowed as long as the announcer does not endorse or offer a testimonial on behalf of the lawyer.

A

celebrity

118
Q

An ad cannot offer an economic incentive to hire the lawyer, but _____ and ______ are permitted in the ad.

A

free consultations and discounted fees

119
Q

Permitted illustrations include:

Not permitted include:

A

PERMITTED:

medications linked to adverse side effects

x-ray of a damaged lung

person in jail

person on crutches

damaged car

foreclosure sign on a house

person in front of stack of bills

gavel

lady justice

statue of liberty

US Flag

FL flag

eagle

law books

courthouse columns

diploma

lawyer in front of plain background

NOT PERMITTED:

graphic personal injuries

a crying child

tricky insurance adjuster

120
Q

If an ad includes a fee, it must be honored for at least ___ unless stated otherwise, and must __________.

A

90 days

disclose whether client is responsible for expenses

121
Q

In an ad, I can put that I was voted “Lawyer of the Week” by the LIndsay Lohan Fan Club.

A

True, so long as it’s verifiable. Honors that are objectively verifiable are permitted.

122
Q

Honors/ accomplishments allowed in ads include:

A

date of admission position in FL Bar

former employment

military service

foreign language ability

acceptance of CC

best wishes

proudly serving our community

123
Q

What are the pre-filing requirements related to lawyer advertisements in FL?

A
  1. Any lawyer who advertises in FL must file with the FL Bar a copy of each ad at least 20 days prior to the ad’s first dissemination.
  2. If the Bar does not respond within 15 days, lawyer cannot be disciplined for improper ad.
  3. Lawyer can also request advisory opinion for future ads.
  4. Pre-filing is not required for brief announcements that identify the lawyer as the sponsor of a charitable event.
124
Q

In FL, no solicitation for financial gain. There is a _____ exception because motive is not financial gain. Solicitation includes ________. Exceptions:

A

public interest exception

solicitation includes in person, by phone contact, fax, and e-mail to a particular individual.

Exceptions for family member or former client

125
Q

If I send an email to several persons indicating my availability as an employment lawyer, the subject line of the email must start with:

A

“Legal Advertisement”

126
Q

What is direct mail?

A

A letter sent to a person who the lawyer knows needs a lawyer.

127
Q

What are the rules re direct mail? Exceptions?

A
  1. Cannot be sent within the first 30 days after personal injury or wrongful death.
  2. Cannot be sent to person who is already represented by another lawyer. Must include, “if you have already retained a lawyer for this matter, please disregard this letter.”
  3. Cannot involve coercion or duress or be false or misleading.
  4. cannot sent to a potential client whose physical, emotional or mental state is such that the client could not exercise reasonable judgment in employing a lawyer.
  5. “Advertisement” must appear in contrasting print on outside of the envelope and every page.
  6. Envelope cannot reveal the legal problem.
  7. letter must include a statement of the lawyer’s qualifications and experience.
  8. retainer agerement must be marked “Sample” in red ink. “Do Not Sign” must appear on the signature line.
  9. letter must disclose how lawyer learned of the problem
  10. Letter cannot resemble legal pleadings or other legal documents.
  11. Letter cannot be sent to respondent of a domestic violence injunction if respondent has not been served with the injunction.
  12. Letter must state whether the matter will be referred to another law firm. *

EXCEPTIONS: Rules do not apply to communications between lawyers, with current or former clients or with family members.

128
Q

What are the rules re partners/ supervising lawyers and associates’ duty in following ethical rules?

A
  1. Partner has obligation to ensure that law firm is in compliance with the Rules.
  2. Supervising attorney can be held liable for misconduct of others if supervisor ordered or ratified improper conduct.

For associates:

  1. Following orders is NOT a defense.
  2. If ethical issue is arguable, following reasonable orders is a defense.
129
Q

What are the grounds for discipline in FL?

A
  1. violation of any Rules
  2. failure to disclose material information in the Bar application
  3. refusal to cooperate with investigation
  4. crimes that reflect on honesty or trustworthiness
  5. conduct involving dishonesty, fraud, deceit, etc.
  6. willfully failing to pay child support
  7. misconduct prior to bar admission
  8. Sexual conduct with a client that exploits or adversely affects the A/C relationship. (Law firm not disqualified if attorney is screened).
  9. Disparagement, humiliation, and discrimination of litigant, a juror, witness, or other lawyer based on just about everything. (race, gender, religion, disability, marital status, sexual relation, employment, physical characteristic.)

NOT grounds for discipline:

  1. involvement in undercover investigation
130
Q

What are the reporting requirements for reporting misconduct?

A

If information raises a substantial question as to another lawyer’s honesty, trustworthiness, or fitness to practice law, then you must report.

Exception = if the information is confidential, then can’t report. (If he/she hires you as a laywer, then don’t report).

131
Q

The rules for professional conduct are _____ and violation of RPC can lead to ______. The Ideals and Goals of Professionalism however, are ______ and ____ discipline can be based on a violation of professionalism. But, lawyers should follow them.

A

mandatory

disclipne

aspirational

no

132
Q

Professionalism includes serving ____, enhancing knowledge and __, promoting _____, and justice, demonstrating ____ and courtesy, and promoting ______.

A

others

skill

fairness

respect

access to justice

133
Q

A license to practice law is a ____ which should be used to promote ___ and _______.

A

privilege

public good

equal justice

134
Q

Support for judicial candidates should be based on _____, ______, _____, _____, and ______. (IGP)

A

skill,

knowledge,

experience,

integrity, and

temperament

135
Q

Fee agreements should be handled with professionalism. Fees should be discussed at the ___ and promptly confirmed in ___. Billing should be on a ___ and ______ basis. Fee disputes should be resolved through ______.

A

outset

writing

regular and frequent

arbitration

136
Q

Advertising should promote public ____ in a just and fair legal system.

A

confidence

137
Q

Deadlines should not be ______ or _____.

A

arbitrary or unreasonable

138
Q

Oppositions to motions should not be ______.

A

unreasonable

139
Q

Be fair in scheduling and do not limit _________.

A

an opponent’s ability to prepare or respond

140
Q

Be fair in service of papers; do not take advantage of _____ or seek to make it __________.

A

your opponent’s absence

inconvenient for your opponent

141
Q

Be fair in accepting _______.

A

service (Don’t turn off your fax or email).

142
Q

Do not attempt to gain special favors with _____. No _____ in court. No unusual _____.

A

judges

first names

informality

143
Q

Do not disparage your opponent’s _____, _______, or _______.

A

intelligence, morals, or integrity

144
Q

Letters or emails between counsel _________ sent to the court.

A

should not be

145
Q

Make a good faith effort to disclose ____, and ________.

A

witnesses likely to be called and

exhibits likely to be offered

146
Q

Cooperate in disclosing the projected ______ of your case.

A

duration

147
Q

Avoid distracting behavior including ________.

A

facial expressions

148
Q

Do not attempt to win a juror’s favor through _______.

A

flattery

149
Q

Do not degrade a _______.

A

witness

150
Q

Do not make an objection unless _________.

A

patently objectionable

151
Q

Do not attempt to admit clearly __________.

A

inadmissible evidence

152
Q

Do not make any misstatements or ______; do not mislead by ______.

A

exaggerations

silence

153
Q

All documents must fairly reflect any _____ among the parties.

A

agreement

154
Q

Make full disclosures to your ________.

A

client

155
Q

Seek just, speedy, and _____ determination of every case. Consider ______.

A

inexpensive

ADR

156
Q

Avoid delay. Do not seek a ________ or ______ without a legitimate reason. Do not hold out the possibility of a settlement for delay.

A

postponement or extension

157
Q

Withdraw claims and defenses that have no _____.

A

merit

158
Q

Do not use ____ to harass or cause unnecessary expense. Stipulate facts not in _______.

A

discovery

dispute

159
Q

Treat everyone with courtesy and ______. Do not be rude. Avoid _______ lanugage. Be ____ even if your client hates the opposing party.

A

respect

vulgar

civil

160
Q

When scheduling, give ample ____. Select a convenient time and _____ for everyone. Avoid last minute changes.

A

notice

place

161
Q

First requests for reasonable extensions of time should be granted as a matter of _____. There is no need to ____. Agreement to subsequent requests should be based on deference to the other lawyer’s professional and personal schedule, the length of the extension request, and the opponent’s willingness to grant reciprocal extensions.

A

courtesy

appear tough

162
Q

Be punctual.

A

yes

163
Q

Do not make decisions based on your client’s ______ toward the other party, a witness, or judge.

A

ill will

164
Q

Give objective advice; do not be _____; consider costs and benefits.

A

unrealistic

Florida Bar (8 decks)

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