Florida Rules Professional Conduct Chapter 4 Flashcards

Question

What does a lawyer do when they receive notice of an assertion of privileged information being inadvertently disclosed?

Answer 1

1. Promptly return the info 2. Sequester the info 3. Destroy the info AND 4. Notify any other party who has received the disclosed materials that the notice was served and the effects of rule 12.281 AND 5. Take reasonable steps to retrieve the material disclosed

Answer 2

Yes - FRPC 4-4.4(b) states that if a lawyer knew or should have reasonable known that a info was inadvertently disclosed, they must promptly notify the sender.

Answer 3

"A lawyer who receives a document or electronically stored information relating to the representation of the lawyer’s client and knows or reasonably should know that the document or electronically stored information was inadvertently sent must promptly notify the sender"

Answer 4

Yes - see Fla. Fam. L. R. P. 12.281(c)

Answer 5

Grounds for the challenge may include, but are not limited to: 1. materials are not privilege 2. Disclosing party lacks standing to assert privilege 3. Disclosing party failed to timely file notice under this rule 4. Circumstances surrounding the production or disclosure of materials warrant a finding that the disclosing party waived its assertion that the material is protective by a privilege See Fla. Fam. L. R. P. 12.281(c)

Answer 6

Notice of challenge must be served within 20 days of serving of original notice given by disclosing side. Fla. Fam. L. R.P. 12.281(c)

Answer 7

You waive the right to challenge.

Answer 8

10 days from the date they actually discovered the inadvertent disclosure Fla.Fam.L.R.P. 12.281(a)

Answer 9

12.281(d) - If an order is entered deeming the disclosed material privileged, Court must direct what is to be done with the materials and any copies as to preserve all rights of appellate review.

Answer 10

12.281(c) requires a lawyer to give prompt notice to any other person who received the material of the Court's ruling.

Answer 11

12.281(d) requires the Court to give guidance as to what is to happen with the material for purposes of appeals.

Answer 12

At that point, the burden is on the sender to take further action and the recipient attorney is relieved that point.

Answer 13

No, it's actually an evidentiary principle.

Answer 14

To protect confidential communications between lawyer and client sought to be used as evidence in any legal proceeding.

Answer 15

To encourage full disclosure between clients and lawyers.

Answer 16

Only the client.

Answer 17

It MAY be waived unless the presence of the 3rd party is necessary for the communication such as an interpreter, messenger or any other agent of transmission.

Answer 18

"Reasonable communication between the lawyer and the client is necessary for the client to effectively participate in the representation.

Answer 19

FRPC 4-1.4

Answer 20

4-1.4(a) 1. Promptly inform the client of any decision or circumstance with respect to client's informed consent; 2. reasonably consult with the client about means to accomplished client objectives 3. Keep client reasonably informed as to status 4. Consult with client about relevant limitation on lawyer's conduct when lawyer knows or should know that client expects lawyer to do things inconsistent with rules of professional conduct or the law.

Answer 21

YES! See FRPC 4-1.4(b) - lawyer SHALL explain a matter to the extent reasonably necessary to permit the client to make informed decisions

Answer 22

Yes! It's a violation of 4-1.4(a)(4) which requires lawyer to "promptly comply with reasonable request for information"

Answer 23

The purpose is to set forth the special duties of lawyers as officers of the court to avoid conduct that undermines the integrity of the adjudicative process

Answer 24

4-3.3(a) 1. make a false statement of fact or law to tribunal OR fail to correct a false statement of material fact or law previously made to tribunal by lawyer 2. fail to disclose material fact to tribunal when disclosure is necessary to avoid assisting client in criminal or fraudulent act 3. fail to disclose legal authority in controlling jurisdiction known to lawyer to be directly adverse to client and not disclosed by your oc 4. offer evidence lawyer knows to be false

Answer 25

Lawyer shall take reasonable remedial measures, including disclosure to tribunal.

Answer 26

If lawyer reasonably believe it's false, they can refuse to offer it.

Answer 27

Lawyer must take reasonable remedial measures, including disclosure to court if necessary.

Answer 28

4-3.3(c) A lawyer shall inform tribunal of all material facts known to lawyer that will enable tribunal whether or not the facts are adverse

Answer 29

Duty continues beyond conclusion of the proceeding and apply even if compliance requires disclosure of info otherwise protected by 4-1.6

Answer 30

Must first counsel client to not life.

Answer 31

Lawyer must not offer the false testimony / evidence and should seek to withdraw from representation.

Answer 32

4-3.3(d) Lawyer must disclose the fraud to the court & then court must decide what must be done.

Answer 33

Lawyer must not only withdraw but also disclose to the Court the client's intention to lie under oath. It is necessary that a lawyer both withdraw AND disclose to prevent false testimony.

Answer 34

Courts are dependent on members of the bar to enable the judge to decide the facts or law and when a lawyer allows false testimony they make it impossible for the scales of justice to balance.

Answer 35

1. unlawfully obstruct a party's access to evidence or unlawfully alter, destroy or conceal a document or other material the lawyer knows or reasonably should know is relevant pending or reasonably foreseeable proceeding 2. cannot assist a person to do such act 3. fabricate evidence or assist a witness to testify falsely 4. knowingly disobey an obligation under the rules of a tribunal 5. make frivolous discovery request or intentionally fail to comply with legally proper discovery by oc 6. in trial - cannot state personal opinion about credibility, allude to any matter the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts, state personal opinion as to justness of a cause, the culpability of a civil litigant or guilt or innocence of accused 7. request a person other than client from voluntarily giving relevant info to another party unless the person is a relative or employee or agent or a client and it is reasonable to believe person's interest will not be adversely affected by refraining from giving such info 8. threaten to present criminal charges solely to obtain advantage in civil matter 9. threaten disciplinary charges under rules solely to obtain advantage in civil matter

Answer 36

A lawyer cannot pay witnesses but lawyer can witness reasonable expenses incurred by the witness in attending or testifying at proceedings; a reasonable, noncontingent fee for professional services of an expert witness; and reasonable compensation to a witness for the time spent preparing for, attending, or testifying at proceedings;

Answer 37

Yes. FRPC 4-1.2(a) , a lawyer must abide by a client’s decision whether to settle a matter. The authority to reject a settlement offer, even if unwise, is that solely of the client. The mere employment of a lawyer does not grant them the authority to accept a settlement on behalf of the client against their wishes.

Answer 38

Of course not. See FRPC 4-1.2(b) "A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social, or moral views or activities."

Answer 39

Yes. See FRPC 4-1.2(c) a lawyer and client may agree to limit the objectives or scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent in writing.

Answer 40

Advise the client regarding applicability of the rule prohibiting communication with a represented person

Answer 41

4-1.2(d) A lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law.

Answer 42

Almost all case law on this issue is the impact a client negotiating their own deal has on attorney's fees. Courts concern is clients in bad faith settle cases without lawyers in order to deprive lawyer of their fees. When a client negotiates their own settlement, courts will look to whether client's action was to defraud their own lawyer.

Answer 43

When prospective client and current client's interest are materially adverse in the same or substantially related matter

Answer 44

Yes but only if 1. current and prospective client provide written informed consent OR 2. lawyer took reasonable steps to avoid more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and timely screened and receives no fees from the matter and promptly provides prospective client with written notice

Answer 45

NO - this violates section 4.1 of bounds of advocacy bc it prevents a lawyer from given impartial advice to both parties. Fl Bar Ethics opinion also disapproves of dual representation.

Answer 46

1. Represent another person in the same or substantially related matter in which that person's interest are materially adverse to the interest of the former client unless former client gives informed consent 2. use information relating to the representation to the disadvantage of the former client unless rules provides otherwise or when info becomes generally known 3. reveal info relating to representation except as rules permit

Answer 47

NO - this would violate FRPC 4-1.9 because the business was a marital asset and therefore it is "substantially related" to the divorce within the scope of the rule.

Answer 48

NO - “[a] lawyer shall not . . . engage in sexual conduct with a client or a representative of a client that exploits or adversely affects the interests of the client or the lawyer-client relationship.”

Answer 49

It is presumed that the sexual conduct exploits or adversely affects the interests of the client or the lawyer-client relationship.

Answer 50

This presumption is rebuttable by a preponderance of the evidence that the sexual relationship did not in fact adversely affect the interests of the client or the lawyer-client relationship.

Answer 51

No - so long as the lawyer is not providing any legal services to the client and is screened from the case.

Answer 52

Yes - 12.040 provides that an attorney of record for a party, shall be the attorney of record throughout the same family law matter, UNLESS at the time of appearance the attorney files a notice, SIGNED BY THE PARTY, specifically limiting the attorney’s appearance only to the particular proceeding or matter in which the attorney appears.

Answer 53

Yes - can file a motion to limit appearance but must set forth the reason and serve on client and interested persons.

Answer 54

It shall include the name, address, e-mail address(es), and telephone number of the attorney and the name, address, and telephone number of the party.

Answer 55

If an attorney appears of record for a particular limited proceeding or matter, that attorney shall be deemed attorney of record for only that particular proceeding or matter. The attorney need only to file termination of limited appearance and include the names and last known addresses of persons represented by withdrawing attorney.

Answer 56

An attorney shall remain attorney of record until such time the court enters an order.

Answer 57

The notice must state that the IV-D attorney may only address issues concerning determination of paternity, and establishment, modification, and enforcement of support obligations. The notice may be incorporated into a pleading, motion, or other document filed with the court when the attorney first appears.

Answer 58

Yes - but the document must certify that the party has received assistance from an attorney.

Answer 59

Any pleading or other document filed by a limited appearance attorney shall state in bold type on the signature page of that pleading or other document: “Attorney for [Petitioner] /[Respondent] [attorney’s address, e-mail address(es), and telephone number] for the limited purpose of [matter or proceeding]” to be followed by the name of the petitioner or respondent represented and the current address and telephone number of that party. If the party designates e-mail address(es) for service on and by that party, the party’s e-mail address(es) shall also be included.

Answer 60

During limited appearance, all pleadings or other documents and all notices of hearing shall be served upon BOTH the attorney and the party. I

Answer 61

The attorney shall notify the court and the opposing party that the attorney will not attend the court proceeding or hearing because it is outside the scope of the representation

Answer 62

Client must give informed consent in writing AND lawyer must advise the client regarding applicability of the rule prohibiting communication with a represented person

Answer 63

The limitation must not prevent the lawyers ability to provide competent legal advice.

Answer 64

When lawyer is prevented from providing competent legal advice.

Answer 65

No, but the pleading must state that it was prepared with the assistance of counsel.

Answer 66

1. representation would violate FRPC 2. Lawyer's physical or mental condition materially impairs lawyer's ability to represent the client; 3. lawyer is discharged; 4. client persist in course of action involving lawyer's service that lawyer reasonably believes is criminal or fraudulent UNLESS client agrees to disclose & rectify the crime or fraud 5. Client has used the lawyer's service to perpetrate a crime or fraud unless client agrees to disclose and rectify the crime or fraud

Answer 67

No - not if client agrees to disclose & rectify the crime or fraud

Answer 68

1. when withdrawal can be accomplished without material adverse effect on the interests of the client 2.the client insists upon taking action that the lawyer considers repugnant, imprudent, or with which the lawyer has a fundamental disagreement 3. client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled 4.the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client 5. other good cause for withdrawal exists

Answer 69

A lawyer shall take steps to the extent reasonably practicable to protect a client’s interest, such as - -giving reasonable notice to the client, -allowing time for employment of other counsel -surrendering papers and property to which the client is entitled, and refunding any advance payment of fee or expense that has not been earned or incurred. -The lawyer may retain papers and other property relating to or belonging to the client to the extent permitted by law

Answer 70

A sum of money paid to lawyer to guarantee future services

Answer 71

A fee for legal services that is nonrefundable in any part must be confirmed in writing and must explain the intent of the parties as to the nature and amount of the nonrefundable fee. See FRPC 4-1.5(e)

Answer 72

The client doesn't need to sign a doc stating terms of nonrefundable fee just a letter describing the basis or rate of the fee and the intent of the parties as to the nonrefundable fee.

Answer 73

A fee may be clearly excessive where it has not been earned, but nonetheless, is nonrefundable

Answer 74

A nonrefundable fee is excessive where “the lawyer performs no legal services, obtains no benefits for the client, and has not lost other employment opportunities as a result of agreeing to represent the client.

Answer 75

Yes - Florida courts have consistently held unit billing to be a practice in violation of FRPC4-1.5.

Answer 76

Unit billing is a practice whereby a lawyer charges a prescribed amount of time for a particular task, without regard to the amount of time actually incurred (e.g. consistently billing 0.1 for receipt of a Notice of Hearing even if the lawyer merely glanced at it for five seconds).

Answer 77

Yes - see FRPC 4.1-5(a)

Answer 78

1. after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee or the cost exceeds a reasonable fee or cost for services provided to such a degree as to constitute clear overreaching or an unconscionable demand by the attorney; or 2.the fee or cost is sought or secured by the attorney by means of intentional misrepresentation or fraud upon the client, a nonclient party, or any court, as to either entitlement to, or amount of, the fee.

Answer 79

1. the time and labor required, the novelty, complexity, difficulty of the questions involved, and the skill requisite to perform the legal service properly 2.the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer 3.the fee, or rate of fee, customarily charged in the locality for legal services of a comparable or similar nature 4. the significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained 5.the time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client 6.the nature and length of the professional relationship with the client 7.the experience, reputation, diligence, and ability of the lawyer or lawyers performing the service and the skill, expertise, or efficiency of effort reflected in the actual providing of such services; and 8.whether the fee is fixed or contingent, and, if fixed as to amount or rate, then whether the client’s ability to pay rested to any significant degree on the outcome of the representation

Answer 80

When the parties have a written contract in which the method is established for charging costs, the costs charged under that contract will be presumed reasonable

Answer 81

Lawyers may charge a lawful rate of interest on liquidated fees and costs either as provided in advance by written agreement or upon reasonable notice

Answer 82

reasonable notice has been found to be six days.

Answer 83

1. the client gives informed consent 2. there is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship; 3. information relating to representation of a client is protected as required by rule 4-1.6.

Answer 84

The payment cannot impact the relationship between the lawyer and client.

Answer 85

Yes - see FRPC 4-1.7(a)(2) - the rule provides that a lawyer must not represent a client if “there is a substantial risk that the representation . . . will be materially limited by the lawyer’s responsibilities to . . . a third person or by a personal interest of the lawyer.” However, such potential conflict may be waived by written informed consent by the client

Answer 86

An equitable right to have costs and fees due to an attorney for services in the suit secured to him in the judgement or recovery in that particular suit

Answer 87

1. an expressed or implied contract between the lawyer and client 2. an expressed or implied understanding between the lawyer and client that payment is either dependent upon recovery or will come from the recovery 3. an attempt to avoid the payment of fees or a dispute surrounding the amount of fees, and 4. timely notice of the charging lien to the client

Answer 88

It is not enough to support the imposition of a charging lien that an attorney has provided his services; the services must, in addition, produce a positive judgment or settlement for the client, since the lien will attach only to the tangible fruits of the services

Answer 89

No - settlement without notice and payment to a party’s lawyer is a fraud on them whether there was an intent to do so or not.

Answer 90

Yes, a party with knowledge of a charging lien and their lawyer may be jointly and severally liable for fees incurred by a lawyer seeking to enforce a charging lien.

Answer 91

YES - FRPC 4-3.2 provides that a lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

Answer 92

Yes - lawyers must not conduct themselves in a manner that is prejudicial to the administration of justice. See 4-8.4(d)

Answer 93

A lawyer shall not: engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic

Answer 94

1. signed by at least 1attorney of record in that attorney’s individual name with their current FL Bar address, telephone number, including area code, primary e-mail address and secondary e-mail addresses, if any, and Florida Bar number shall be stated.

Answer 95

Certificate by the attorney that: 1. the attorney has read the document 2.to the best of the attorney’s knowledge, information, and belief there is good ground to support the document 3.the document is not interposed for delay; and 4. the document contains no confidential or sensitive information, or that any such confidential or sensitive information has been properly protected by complying with the provisions of rules 2.420 and 2.425

Answer 96

It can be stricken by the court

Answer 97

Only if court specifically finds bad faith in failing to sign

Answer 98

FRPC 4-5.1

Answer 99

1. the lawyer orders the specific conduct or, with knowledge thereof, ratifies the conduct involved; or( 2. the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

Answer 100

FRPC 4-1.4(a)

Answer 101

A lawyer shall not fail to respond in writing to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct.

Answer 102

1. within 15 days of the date of the initial written investigative inquiry by bar counsel, grievance committee, or board of governors 2.within 10 days of the date of any follow-up written investigative inquiries by bar counsel, grievance committee, or board of governors 3. within the time stated in any subpoena issued under these Rules Regulating The Florida Bar (without additional time allowed for mailing) 4. as provided in the Florida Rules of Civil Procedure or order of the referee in matters assigned to a referee; and 5. as provided in the Florida Rules of Appellate Procedure or order of the Supreme Court of Florida for matters pending action by that court

Answer 103

The Florida Bar and may be extended or shortened by bar counsel or the disciplinary agency making the official inquiry upon good cause shown.

Answer 104

Lawyer may be cited for contempt

Answer 105

Under FRPC 4-8.3, a lawyer must report another lawyer’s violation of the ethical rules that “raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer.”

Answer 106

Conduct need not be reported when it is either information protected by confidentiality rules or while participating in an approved lawyers’ assistance program.

Answer 107

where the judge has acted in such a way that raises a substantial question as to their fitness for office.

Answer 108

1. What ethical duty did the lawyer violate? (A duty to a client, the public, the legal system, or as a professional?) 2. What was the lawyer’s mental state? (Did the lawyer act intentionally, knowingly, or negligently 3. What was the extent of the actual or potential injury caused by the lawyer’s misconduct? (Was there a serious or potentially serious injury?) and 4. Are there any aggravating or mitigating circumstances

Answer 109

obligations which a lawyer owes to clients

Answer 110

Admonishment is the appropriate sanction when a lawyer is negligent and fails to act with reasonable diligence in representing a client and causes little or no actual or potential injury to a client.

Answer 111

Public reprimand is the appropriate sanction when a lawyer is negligent and fails to act with reasonable diligence in representing a client and causes injury or potential injury to a client.

Answer 112

Suspension is the appropriate sanction when a lawyer (a) knowingly fails to perform services for a client or engages in a pattern of neglect and (b) causes injury or potential injury to a client

Answer 113

Disbarment is the appropriate sanction when a lawyer (a) abandons his or her law practice or knowingly fails to perform services or engages in a pattern of neglect and (b) causes serious or potentially serious injury to a client.

Answer 114

1. The judgment must be fair to society, both in terms of protecting the public from unethical conduct and at the same time not denying the public the services of a qualified lawyer as a result of undue harshness in imposing penalty 2.The judgment must be fair to the respondent, being sufficient to punish a breach of ethics and at the same time encourage reformation and rehabilitation 3.The judgment must be severe enough to deter others who might be prone or tempted to become involved in like violations

Answer 115

Lawyer may not disclose information relating to a client’s representation in response to a negative online review but may respond with a general statement that the lawyer is not permitted to respond as the lawyer would wish, but that the online review is neither fair nor accurate

Answer 116

steps are taken to protect against inadvertent or unwanted disclosure of information regarding the transaction and to safeguard funds of clients and third persons that are entrusted to the lawyer.

Answer 117

1.The lawyer must take reasonable steps to prevent the inadvertent or unwanted disclosure of information regarding the transaction to parties other than the lawyer and the client or third person making the payment 2.If the funds are the property of a client or third person (such as advances for costs and fees and escrow deposits), the lawyer must direct the payor to an account with the service that is used only to receive such funds and must arrange for the prompt transfer of those funds to the lawyer’s trust account at an eligible banking or credit institution, whether through a direct link to the trust account if available, through a suspense account with the banking or credit institution at which the lawyer’s trust account is maintained and from which the funds automatically and promptly are swept into the lawyer’s trust account, or through another substantially similar arrangement 3.Unless the lawyer and client otherwise agree, the lawyer must ensure that any transaction fee charged to the recipient is paid by the lawyer and not from client trust funds. Likewise, the lawyer must ensure that any chargebacks are not deducted from trust funds and that the service will not freeze the account in the event of a payment dispute

Answer 118

4-1 governs Client-Lawyer Relationships

Answer 119

Competence - lawyer must provide competent representation - legal knowledge & skill reasonably necessary for representation.

Answer 120

Objectives and scope of representation.

Answer 121

-lawyer must abide by client's decision -consult with client (as required by 4-1.4 -decision to settle must be decided by client

Answer 122

-representing a client is not lawyer endorsing views or activities of client

Answer 123

-lawyer has the right to limit their scope of representation but must tell client rule prohibiting communication with represented person

Answer 124

-lawyer shall not help a client with criminal or fraudulent activity but may discuss legal consequences of such activity

Answer 125

Diligence - lawyer must act diligently when representing client.

Answer 126

Communication

Answer 127

Lawyer must inform client of status of representation -inform client of decisions -consult with client re objectives -promptly comply with reasonable requests for info -consult with client about any relevant limitation on lawyer's conduct when client asks you to do something shady

Answer 128

Duty to explain matters to client so client can make informed decision

Answer 129

Fees & Costs for Legal Services

Answer 130

Lawyer cannot charge excessive fee a fee is excessive if a lawyer with ordinary prudence would be left with a definite or firm conviction that the fee or costs exceeds reasonable fee or cost for services to a degree that constitute clear overreaching or unconscionable demand OR the fee or cost is sought by intentional misrepresentation

Answer 131

Factors to determine reasonable fees: (A) the time and labor required, the novelty, complexity, difficulty of the questions involved, and the skill requisite to perform the legal service properly; (B) the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer; (C) the fee, or rate of fee, customarily charged in the locality for legal services of a comparable or similar nature; (D) the significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained; (E) the time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client; (F) the nature and length of the professional relationship with the client; (G) the experience, reputation, diligence, and ability of the lawyer or lawyers performing the service and the skill, expertise, or efficiency of effort reflected in the actual providing of such services; and (H) whether the fee is fixed or contingent, and, if fixed as to amount or rate, then whether the client’s ability to pay rested to any significant degree on the outcome of the representation.

Answer 132

Factors to determine reasonable costs: (A) the nature and extent of the disclosure made to the client about the costs; (B) whether a specific agreement exists between the lawyer and client as to the costs a client is expected to pay and how a cost is calculated that is charged to a client; (C) the actual amount charged by third party providers of services to the attorney; (D) whether specific costs can be identified and allocated to an individual client or a reasonable basis exists to estimate the costs charged; (E) the reasonable charges for providing in-house service to a client if the cost is an in-house charge for services; and (F) the relationship and past course of conduct between the lawyer and the client.

Answer 133

In determining a reasonable fee, the time devoted to the representation and customary rate of fee need not be the sole or controlling factors. All factors set forth in this rule should be considered, and may be applied, in justification of a fee higher or lower than that which would result from application of only the time and rate factors.

Answer 134

Enforceability of fee contract - generally enforceable unless founds to be illegal

Answer 135

Duty to communicate basis of rate of fee or cost to client - the basis or rate of the fee and costs must be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation

Answer 136

Definitions. -Retainer. A retainer is a sum of money paid to a lawyer to guarantee the lawyer’s future availability. A retainer is not payment for past legal services and is not payment for future services. -Flat Fee. A flat fee is a sum of money paid to a lawyer for all legal services to be provided in the representation. A flat fee may be termed “non-refundable.” Advance Fee. An advanced fee is a sum of money paid to the lawyer against which the lawyer will bill the client as legal services are provided.

Answer 137

A lawyer must not enter into an arrangement t to get paid: (A) any fee in a domestic relations matter, the payment or amount of which is contingent on the securing of a divorce or on the amount of alimony or support, or property settlement in lieu thereof; or (B) a contingent fee for representing a defendant in a criminal case.

Answer 138

legal representation in connection with the recovery of post judgment balances due under support, alimony, or other financial orders

Answer 139

No - it's been deemed an impermissible contingent fee

Answer 140

Confidentiality of information

Answer 141

Lawyer cannot reveal info about client unless otherwise permitted by the rules.

Answer 142

4-1.6(b) -to prevent client from committing crime or prevent death or substantial bodily harm to another

Answer 143

4-1.6(c) - when lawyer reasonably believes it is necessary: -to serve client interest -establish claim or defense on behalf of lawyer in issue b/w client and lawyer -establish claim or defense to criminal charge or civil claim against lawyer for client's conduct -respond to allegations in any proceeding concerning lawyer's representation of client -to comply with Rules Regulating the FL BAR -to detect and resolve conflicts of interest b/w lawyers in different firms arising from lawyer's change in employment but only if it will not compromise atty-client privilege or otherwise prejudice the client

Answer 144

4-1.6(d) - not until lawyer FIRST exhaust all appellate remedies

Answer 145

Lawyer must make reasonable effort to prevent inadvertent disclosure

Answer 146

4-1.6(f) - if mandated, only disclose what is necessary to meet requirement

Answer 147

4-2.3 - providing info for an evaluation 4-3.3 - candor toward tribunal 4-4.1 truthfulness in statements to others

Answer 148

If it would compromise the attorney-client privilege or otherwise prejudice the client (e.g., the fact that a corporate client is seeking advice on a corporate takeover that has not been publicly announced; that a person has consulted a lawyer about the possibility of divorce before the person’s intentions are known to the person’s spouse; or that a person has consulted a lawyer about a criminal investigation that has not led to a public charge). Under those circumstances, subdivision (a) prohibits disclosure unless the client or former client gives informed consent. A lawyer’s fiduciary duty to the lawyer’s firm may also govern a lawyer’s conduct when exploring an association with another firm and is beyond the scope of these rules.

Answer 149

Conflict of Interest; Current clients

Answer 150

Lawyer cannot represent a client if representation of 1 client is directly adverse to another or there's substantial risk that representation will limit lawyer's responsibility to another client former client 3rd person or personal interest of lawyer

Answer 151

4-1.7(b) - Yes, IF lawyer believes they can rep each client diligently, representation not prohibited by law, representation does not involve position adverse to another client; each affect client gives informed consent confirmed in writing or clearly stated on record at hearing

Answer 152

Consult must explain implication - advantages and risks

Answer 153

Conflict of Interest, Prohibited and Other Transaction's

Answer 154

Lawyer cannot engage in business transaction with a client unless by way of lien to secure fee

Answer 155

-terms must be fair and reasonable and in writing -client advised in writing to seek legal counsel -client gives informed consent in writing to essential terms of transaction and lawyer's role in transaction and include in lawyer reps client in transaction

Answer 156

4-1.8(c) - lawyer is prohibited from soliciting gifts unless related to the client.

Answer 157

4-1.8(d) Prior to conclusion of representation to a client, lawyer is prohibited from making media rights related to representation

Answer 158

FRPC 4-1.8(e) - lawyer cannot give money to client in connection with litigation except advance costs of litigation or pay court costs and expense of litigation for indigent client

Answer 159

advance costs of litigation or pay court costs and expense of litigation for indigent client

Answer 160

4-1.8(f) - no unless client gives informed consent, it doesn't interfere with professional judgment and information related to rep is protected

Answer 161

4-1.8(h) A lawyer is prohibited from making an agreement prospectively limiting the lawyer’s liability to a client for malpractice unless permitted by law and the client is independently represented in making the agreement. A lawyer is prohibited from settling a claim for liability for malpractice with an unrepresented client or former client without first advising that person in writing that independent representation is appropriate in making the agreement.

Answer 162

4-1.8(i) A lawyer is prohibited from acquiring a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may: (1) acquire a lien granted by law to secure the lawyer’s fee or expenses; and (2) contract with a client for a reasonable contingent fee

Answer 163

Yes - 4-1.8(h) while lawyers are all in one firm a conflict for one is a conflict for all

Answer 164

4-1.9 A lawyer who has formerly represented a client in a matter must not afterwards: (a) represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent; (b) use information relating to the representation to the disadvantage of the former client except as these rules would permit or require with respect to a client or when the information has become generally known; or (c) reveal information relating to the representation except as these rules would permit or require with respect to a client.

Answer 165

4-1.10 While lawyers are associated in a firm, none of them may knowingly represent a client when any 1 of them practicing alone would be prohibited from doing so by rule 4-1.7 or 4-1.9 except as provided elsewhere in this rule, or unless the prohibition is based on a personal interest of the prohibited lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.

Answer 166

4-1.10 (b) When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client whose interests are materially adverse to that person and about whom the lawyer had acquired information protected by rules 4-1.6 and 4-1.9(b) and (c) that is material to the matter.

Answer 167

4-1.10(c) When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer unless: (1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and (2) any lawyer remaining in the firm has information protected by rules 4-1.6 and 4-1.9(b) and (c) that is material to the matter

Answer 168

4-1.10(d) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in rule 4-1.7

Answer 169

4-1.12(d) - An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from subsequently representing that party

Answer 170

The organization - must act in the organization's best interest.

Answer 171

4-1.14 - maintain a normal client-lawyer relationship as much as reasonably possible

Answer 172

Lawyer has to assess best course of action to protect client's interest and exhaust all remedies to protect client before seeking removal of any of the client’s rights or the appointment of a guardian.

Answer 173

May reveal confidential information necessary to protect client's interest.

Answer 174

Safekeeping property - lawyer shall comply with Florida Bar Rules regulating trust accounting

Answer 175

Declining or Terminating Representation

Answer 176

(1) the representation will result in violation of the Rules of Professional Conduct or law; (2) the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; (3) the lawyer is discharged; (4) the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent, unless the client agrees to disclose and rectify the crime or fraud; or (5) the client has used the lawyer’s services to perpetrate a crime or fraud, unless the client agrees to disclose and rectify the crime or fraud.

Answer 177

(1) withdrawal can be accomplished without material adverse effect on the interests of the client; (2) the client insists upon taking action that the lawyer considers repugnant, imprudent, or with which the lawyer has a fundamental disagreement; (3) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (4) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or (5) other good cause for withdrawal exists.

Answer 178

Sale of Law Practice

Answer 179

rule 4-1.17 - must sell to FL licensed attorney (at least 1 lawyer of the group) give notice to clients by certified mail of proposed sale, client right to retain other counsel, & failure to object in 30 days will be presumed consent for substitution of counsel Court must approve

Answer 180

Not until 30 day consent period has expired and court orders have been entered authorizing substitution of counsel.

Answer 181

Yes - cannot charge more to a client just because of sale 4-1.17(f)

Answer 182

Duties to prospective clients

Answer 183

Collaborative law process in family law

Answer 184

4-1 client-lawyer relationship 4-2 counselor 4-3 advocate 4-4 transactions with persons other than client 4-5 law firms and associations 4-6 public service 4-7 information about legal service 4-8 maintaining the integrity of the profession

Answer 185

Exercise independent professional judgment and render candid advice. Lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors that may be relevant to the client’s situation.

Answer 186

4-2.3 Yes - A lawyer may provide an evaluation of a matter affecting a client for the use of someone other than the client if: (1) the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer’s relationship with the client; and (2) the client gives informed consent. In reporting the evaluation, the lawyer shall indicate any material limitations that were imposed on the scope of the inquiry or on the disclosure of information. Except as disclosure is required in connection with a report of an evaluation, information relating to the evaluation is otherwise protected by rule 4-1.6.

Answer 187

4-2.4 YES - this rule allows lawyer to act as mediator or arbitrator. Lawyer must explain they are a neutral 3rd party.

Answer 188

4-3.1 YES - A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

Answer 189

4-3.2 YES - A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client

Answer 190

Candor toward the tribunal

Answer 191

Lawyer cannot make a false statement of fact or law to tribunal and has a duty to correct a false statement of material fact or law made to tribunal by lawyer Lawyer cannot fail to disclose material fact to tribunal if disclosure necessary to avoid assisting a criminal or fraudulent act by client Lawyer cannot fail to disclose to tribunal legal authority in the controlling jur. known to lawyer even if adverse to client and even if oc doesn't know the law Lawyer cannot offer evidence that's false Lawyer cannot let client commit criminal or fraudulent acts related to a proceeding

Answer 192

Must take reasonable remedial steps including disclosure to court

Answer 193

To disclose all facts known to lawyer that will enable, even facts adverse to client, so court to make informed decision

Answer 194

Yes, if it is necessary.

Answer 195

Fairness to opposing party and counsel

Answer 196

A lawyer must not: -unlawfully obstruct access to discovery -fabricate evidence or help a client do so -knowingly disobey court order -make frivolous discovery request or intentionally fail to comply with discovery -in trial make personal opinion about credibility of witness or say something known to not be relevant or that will not be supported by admissible evidence -request nonparties to refrain from providing relevant info to another party unless that person is a relative / employee -threaten criminal action to get advantage in civil case -threaten disciplinary action to obtain advantage in civil case

Answer 197

Impartiality and decorum of tribunal

Answer 198

Lawyer shall not seek to influence judge Lawyer shall not communicate about merits of case with judge unless -in the course of official proceeding g -in writing and oc is included -orally upon notice to oc -or otherwise authorized by law Lawyer shall not engage in conduct intended to disrupt court

Answer 199

Trial publicity

Answer 200

Lawyer shall not make extrajudicial statements or tell a 3rd party to do to the public if it will impact the integrity of the court proceeding.

Answer 201

Lawyer as witness

Answer 202

-If testimony relates to uncontested issue -Testimony will relate solely to a matter of formality - testimony relates to nature and value of services rendered in case OR -disqualification of lawyer would work substantial hardship to client

Answer 203

Responsibilities of a prosecutor

Answer 204

Advocate in nonadjudicative proceeding

Answer 205

Lawyer representing client before legislative body must disclose they are appearing in a representative capacity and follow rules of candor toward tribunal and impartiality and fairness to opposing party and counsel

Answer 206

Transactions with persons other than clients

Answer 207

Truthfulness in statements to others

Answer 208

Cannot make a false statement of material fact or law to 3rd party or fail to disclose a material fact to 3rd party when disclosure is necessary to avoid assisting criminal or fraudulent act by a client

Answer 209

Communication with persons represented by counsel

Answer 210

-Cannot speak to a represented party unless specific consent by their lawyer UNLESS lawyer is obligated to do so by law but must provide a copy to their lawyer -An unrepresented party may be communicated with until a lawyer gets notice of representation or limited notice of rep.

Answer 211

Dealing with unrepresented persons

Answer 212

Lawyer must make it clear they do not represent unrepresented party and cannot offer legal advice other than advising to secure counsel Lawyer can treat an unrep. person as such until a lawyer files notice of limited appearance (12.040)

Answer 213

Respect for rights of 3rd parties

Answer 214

Lawyer cannot burden a 3rd party if there is no substantial purpose other than embarrassment If lawyer receives document inadvertently, must promptly notify sender

Answer 215

Law firms and associations

Answer 216

Responsibility of partners, managers and supervisory attorneys

Answer 217

Make sure firm has measures in place to assure all lawyers are in compliance with Rules of Professional Conduct

Answer 218

-the lawyer orders the conduct -if lawyer has managerial authority or supervisory authority knows of conduct at a time when they could have mitigated but failed to take remedial action

Answer 219

Responsibilities of subordinate lawyer

Answer 220

-sub. lawyer is responsible for their conduct even at the direction of another person -sub. lawyer not in violation if they acted at direction of supervisor's reasonable resolution of an arguable question of professional duty

Answer 221

Responsibilities regarding nonlawyer assistants

Answer 222

Paralegal and legal assistant providing services to public must work under or at direction of lawyer Lawyer must be sure they have procedure in place to assure nonlawyers conduct is compatible with professional obligations of the lawyer Lawyer will be responsible for conduct of their nonlawyer staff if the nonlawyer violates rules of professional conduct IF lawyer knew about the conduct or knew before conduct took place and failed to stop it -Lawyer responsible to review all nonlawyer work

Answer 223

Professional independence of lawyer

Answer 224

No, unless -can may fees to lawyer's estate upon death -if lawyer does unfinished business of deceased lawyer can pay estate -if lawyer purchases practice of deceased lawyer can pay estate agreed upon purchase price -bonuses can be paid to nonlawyers for extraordinary efforts for a specific case but not for bringing cases to firm and cannot give % of fees received -lawyer can share court awarded fees with pro bono legal service or nonprofit -can pay qualified pension plans even if contribution to plan is based on profit-sharing arrangement

Answer 225

4-5.4(c) - NO, not when it involves the practice of law.

Answer 226

Generally, lawyer can practice with non for profit business entity (entity providing pro bono work and operating as tax expect public charity under 501(c)(3)) authorized to practice law. A nonlawyer can be on the board but cannot have input on lawyer's professional judgment. Non for profit business must: -ensure confidential info inaccessible to board -ensure communications with lawyer are protected by attorney-client privilege -inform client that not all communication with not for profit will fall under attorney client privilege -ensure all nonlawyers assisting abide by professional conduct rules

Answer 227

Unlicensed practice of law; multijurisdictional practice of law

Answer 228

Lawyer can only home state 4-5.5(a)

Answer 229

-Cannot have a a law office in FL; -Hold out to public that they can practice in FL; -Appear in any court proceeding unless authorized

Answer 230

4-5.5(c) if licensed in another state, not disbarred, suspended or disciplined/contempt by FL due to misconduct, may provide temp legal services IF: -assisted by lawyer who is FL licensed OR -for a related proceeding in a tribunal in another jur; -for a related mediation or alternative dispute resolution proceeding & services do not require pro hac vice admission AND service is performed for a client who resides in or has an office lawyer's home state, arise from related case in lawyer's jur

Answer 231

4-5.5(d) - yes, if they find a lawyer admitted in FL, it's related to proceeding in court in their foreign jur, related to arbitration, mediation, etc. to be held in FL and pro hac vice admission not required IF - service for client who lives in their jur or has office there or arise out of lawyer's practice,

Answer 232

Restrictions on rights to practice

Answer 233

A lawyer cannot restrict a lawyer's right to practice are termination of practice except concerning benefits upon retirement Cannot restrict lawyer's right to practice a party of settlement of client controversy

Answer 234

Responsibilities regarding nonlegal services

Answer 235

Yes - if services are similar to legal service. Yes - if lawyer knows recipient thinks they are receiving protection of client-lawyer relationship -if lawyer rungs nonlegal entity - they are subject to rules if recipients think they are receiving protection of client-lawyer relationship -not subject to rules if lawyer makes effort to make it clear in writing legal services not being offered

Answer 236

Procedures for lawyers leaving law firms and dissolution of law firms

Answer 237

4-5.8 - The contract for legal services creates the legal relationships between the client and law firm and between the client and individual members of the law firm, including the ownership of the files maintained by the lawyer or law firm. Nothing in these rules creates or defines those relationships. Client has right to choose lawyer who represents them.

Answer 238

Lawyer must seek permission of authorized representative at law firm to discuss joint to communicating with client and if efforts fail after bona fide effort, then you can communicate.

Answer 239

Lawyer must seek permission of authorized representative at law firm to discuss joint to communicating with client and if efforts fail after bona fide effort, then you can communicate.

Answer 240

Unilateral communication must be made to let client know that lawyer is leaving and give them option to choose to remain client of firm or go with departing lawyer.

Answer 241

unilateral contact by members of the law firm must give notice to clients that the firm is being dissolved and provide options to the clients to choose representation by any member of the dissolving law firm, or representation by other lawyers or law firms.

Answer 242

information concerning potential liability for fees for legal services previously rendered, costs expended, and how any deposits for fees or costs will be handled. In addition, if appropriate, notice must be given that reasonable charges may be imposed to provide a copy of any file to a successor lawyer

Answer 243

Client remains client of the firm.

Answer 244

Client remains client of lawyer who handled case primarily.

Answer 245

Public Services

Answer 246

Pro bono public services

Answer 247

Each member of The Florida Bar in good standing, as part of that member’s professional responsibility, should(1) render pro bono legal services to the poor and (2) participate, to the extent possible, in other pro bono service activities that directly relate to the legal needs of the poor.

Answer 248

-members of the judiciary or their staffs -government lawyers -members of the bar who are retired, inactive, or suspended, or who have been placed on the inactive list for incapacity not related to discipline

Answer 249

No - it's aspirational in nature and you cannot be disciplined.

Answer 250

provide 20 hours pro bono per year or contribute $350 to legal aid

Answer 251

Yes - failure to report will subject you to disciplinary action.

Answer 252

Out-of-state members of the bar may fulfill their professional responsibility in the states in which they practice or reside.

Answer 253

Accepting appointments

Answer 254

Lawyer cannot avoid appointment absent good cause: -representing the client is likely to result in violation of the Rules of Professional Conduct or of the law -representing the client is likely to result in an unreasonable financial burden on the lawyer; -the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer’s ability to represent the client

Answer 255

Membership in legal service organization

Answer 256

Yes, unless it would be a conflict of interest or have adverse effect of representation of client of organization

Answer 257

Law reform activities affecting client interest

Answer 258

When the lawyer knows that the interests of a client may be materially affected by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client.

Answer 259

Voluntary pro bono

Answer 260

Increase the availability of legal service to the poor and expand pro bono legal service programs

Answer 261

President elect of FL BAR

Answer 262

Short term limited legal services programs

Answer 263

Information about legal services

Answer 264

Application of rules

Answer 265

All forms of advertising and any lawyer who says they practice here & it applies to referral sources about legal services

Answer 266

required content

Answer 267

the name of at least 1 lawyer, the law firm, the lawyer referral service if the advertisement is for the lawyer referral service, the qualifying provider if the advertisement is for the qualifying provider, or the lawyer directory if the advertisement is for the lawyer directory, responsible for the content of the advertisement; and (2) the city, town, or county of 1 or more bona fide office locations of the lawyer who will perform the services advertised. -if case will be referred to another lawyer or law firm, advertisement must say so -disclaimer must be in same language as the language requiring disclaimer

Answer 268

Deceptive and inherently misleading advertisements

Answer 269

contains a material statement that is factually or legally inaccurate; (2) omits information that is necessary to prevent the information supplied from being misleading; or (3) implies the existence of a material nonexistent fact.

Answer 270

(1) statements that guarantee results (2) references to past results unless the information is objectively verifiable (3) comparisons of lawyers or statements, words, or phrases that characterize a lawyer’s or law firm’s skills, experience, reputation, or record, unless the characterization is objectively verifiable; (4) references to areas of practice in which the lawyer or law firm does not practice or intend to practice at the time of the advertisement; (5) a voice or image that creates the erroneous impression that the person speaking or shown is the advertising lawyer or a lawyer or employee of the advertising firm. The following notice, prominently displayed would resolve the erroneous impression: “Not an employee or member of law firm”; (6) a dramatization of an actual or fictitious event, unless the dramatization contains the following prominently displayed notice: “DRAMATIZATION. NOT AN ACTUAL EVENT”; (7) an actor purporting to be engaged in a particular profession or occupation, unless the advertisement includes the following prominently displayed notice: “ACTOR. NOT ACTUAL [ . . . ]” (8) statements, trade names, telephone numbers, Internet addresses, images, sounds, videos, or dramatizations that state or imply that the lawyer will engage in conduct or tactics that are prohibited by the Rules of Professional Conduct or any law or court rule; (9) a testimonial: (A) regarding matters on which the person making the testimonial is unqualified to evaluate; (B) that is not the actual experience of the person making the testimonial; (C) that is not representative of what clients of that lawyer or law firm generally experience; (D) that has been written or drafted by the lawyer; (E) in exchange for which the person making the testimonial has been given something of value; or (F) that does not include the disclaimer that the prospective client may not obtain the same or similar results; (10) a statement or implication that The Florida Bar has approved an advertisement or a lawyer, except a statement that the lawyer is licensed to practice in Florida or has been certified pursuant to chapter 6, Rules Regulating The Florida Bar; (11) a judicial, executive, or legislative branch title, unless accompanied by clear modifiers and placed after the person’s name in reference to a current, former or retired judicial, executive, or legislative branch official currently engaged in the practice of law; or (12) a statement or implication that another lawyer or law firm is part of, is associated with, or affiliated with the advertising law firm when that is not the case, including contact or other information presented in a way that misleads a person searching for a particular lawyer or law firm, or for information regarding a particular lawyer or law firm, to unknowingly contact a different lawyer or law firm.

Answer 271

Potentially Misleading Advertisements

Answer 272

(1) advertisements that are subject to varying reasonable interpretations, 1 or more of which would be materially misleading when considered in the relevant context; (2) advertisements that are literally accurate, but could reasonably mislead a prospective client regarding a material fact; (3) references to a lawyer’s membership in, or recognition by, an entity that purports to base the membership or recognition on a lawyer’s ability or skill, unless the entity conferring the membership or recognition is generally recognized within the legal profession as being a bona fide organization that makes its selections based on objective and uniformly applied criteria, and that includes among its members or those recognized a reasonable cross-section of the legal community the entity purports to cover; (4) a statement that a lawyer is board certified or other variations of that term unless: -the lawyer has been certified -the lawyer has been certified by an organization whose specialty certification program has been accredited by the American Bar Association or The Florida Bar -the lawyer has been certified by another state bar if the state bar program grants certification on the basis of standards reasonably comparable to the standards of the Florida Certification Plan (5) a statement that the lawyer is a specialist or an expert in an area of practice, or other variations of those terms, unless the lawyer is certified under the Florida Certification Plan or an American Bar Association or Florida Bar (6) a statement that a law firm specializes or has expertise in an area of practice, or other variations of those terms, unless the law firm can objectively verify the claim as to at least 1 of the lawyers who are members of or employed by the law firm as set forth in subdivision, but if the law firm cannot objectively verify the claim for every lawyer employed by the firm, the advertisement must contain a reasonably prominent disclaimer that not all lawyers in the firm specialize or have expertise in the area of practice in which the firm claims specialization or expertise; (7) information about the lawyer’s fee, including those that indicate no fee will be charged in the absence of a recovery, unless the advertisement discloses all fees and expenses for which the client might be liable and any other material information relating to the fee

Answer 273

Unduly manipulative or intrusive advertisements

Answer 274

(a) the ad is dramatized to appeal to prospective clients emotion rather than lawyer's suitability to rep that client (b) uses an authority figure as an actor to endorse lawyer (c) uses voice of celebrity (d) offers economic incentive to hire lawyer (but you can offer discount or special fee or cost structure and you can offer free advise)

Answer 275

Presumptively valid content

Answer 276

(1) the name of the lawyer or law firm, name of lawyers in firm, office and parking arrangement, office locations and parking arrangements, disability accommodations, telephone numbers, website addresses, and electronic mail addresses, office and telephone service hours, and a designation such as “attorney” or “law firm”; (2) date of admission to bar (3) technical and prof license (military service, foreign language, fields of law, prepared group service, acceptance of credit cards, fee for consultation, common salutations, punctuation marks, illustrations of scales of justice that aren't similar to cert logos or Florida bar logo

Answer 277

Yes - but only to advertise name, location, phone, fees, business hours, process of how referral is made, geographic area of lawyer.

Answer 278

Payment for advertising and promotion

Answer 279

Lawyer cannot directly or indirectly pay cost of ad for lawyer not in its firm

Answer 280

A lawyer cannot give anything of value to a person for recommending lawyer's service except lawyer can pay usual charge of referral service

Answer 281

4-7.17 - NO

Answer 282

Direct contact with prospective clients

Answer 283

Cannot solicit clients if lawyer has no family or processional relationship Cannot enter into agreement to have someone solicit for you no written solicitation - cannot hit up a respondent in a DV case who hasn't yet been served

Answer 284

Evaluations of Advertisements

Answer 285

Must file a copy of advertisement with FL BAR 20 days before it is disseminated FL Bar will evaluate to make sure it complies with all rules (4-7.11; 4-7.15 and 4-7.18) . If they don't say anything after 15 days - you're gucci Can be subject to discipline if you fail to timely file ad with FL BAR; disseminate a noncompliance ad; file ad with misrep; disseminate an ad after FL bar told you dissemination portion of lawyer firm site that aren't in compliance with 4-7.14 & 4-7.15 must maintain copy of your ad for 3 years and record where and when used

Answer 286

Exemptions from filing and review requirement

Answer 287

If the ad has no illustration and no other info other than what is allowed in 4-7.16; brief announcement that lawyer contributed to charity; Listing or entry in a law list or bar publication Communication mailed only to clients Written or recorded communication requested by prospective client Professional announcement of new firm name Information on lawyer website

Answer 288

Firm Names & Letterhead

Answer 289

No misleading firm name/letter head Can use tradename if it isn't deceptive Cannot advertise under trade or fictitious name Name of lawyer holding public office may not be used in law firm name

Answer 290

Referrals, directories and pooled advertising

Answer 291

Cannot cut deals that seem like they are splitting legal fees with nonlawyers

Answer 292

Maintaining integrity within profession

Answer 293

BAR ADMISSION AND DISCIPLINARY MATTERS

Answer 294

Shall not -knowingly make a false statement of material fact; -fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by rule 4-1.6; or -commit an act that adversely reflects on the applicant’s fitness to practice law. An applicant who commits such an act before admission, but which is discovered after admission, shall be subject to discipline under these rules

Answer 295

JUDICIAL AND LEGAL OFFICIALS

Answer 296

A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, mediator, arbitrator, adjudicatory officer, public legal officer, juror or member of the venire, or candidate for election or appointment to judicial or legal office A lawyer who is a candidate for judicial office shall comply with the applicable provisions of Florida’s Code of Judicial Conduct.

Answer 297

REPORTING PROFESSIONAL MISCONDUCT

Answer 298

-A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects must inform the appropriate professional authority. -A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office must inform the appropriate authority.

Answer 299

-if info is protected by 4-1.6 -info learned while serving as mediator or mediation participant if info is privileged -if learned while participating in lawyer's assistance program -lawyer for FL BAR if they learned the info performing their job duties for the program

Answer 300

MISCONDUCT

Answer 301

Lawyer shall not: -violate rules of professional conduct -commit criminal act that makes you look dishonest untrustworthy or unfit -engage in dishonest conduct (unless part of an investigation) -engage in lawyer practices that are prejudicial to administration of justice -imply or state ability to influence judge -assist judge to violate rules of judicial conduct -fail to respond to FL BAR -refuse to pay court ordered child support -have sex w/ client or representative if it adversely affects client - lawyer relationship

Answer 302

-15 days from date of initial inquiry -10 days from any follow up inquiry -or whatever time frame in the subpoena

Answer 303

JURISDICTION

Answer 304

A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction although engaged in practice elsewhere

Answer 305

AUTHORIZED BUSINESS ENTITIES

Answer 306

Professional service corporations, professional limited liability companies, sole proprietorships, general partnerships, or limited liability partnerships organized or qualified under applicable law

Answer 307

Only lawyers licensed to practice law here

Answer 308

Obviously disqualification but any suspension over 91 days