Fraud Flashcards
1
Q
Making False Statements About Judges/Officers/Public Officials
A
A lawyer must not make a statement that the lawyer knows is false about the qualifications or integrity of a judge, hearing officer, or public legal official, or about a candidate for a judicial or legal office. The same rule applies to statements made with reckless disregard as to truth or falsity. Because Evan’s accusation was not based on any reliable information, he is subject to discipline.
2
Q
Fraud
A
- False statement of a material fact or silence on a material fact coupled with a duty to speak
- Intent to deceive
- Reliance
- Causation
- Damages
2
Q
Legal Malpractice
A
- Failure to adhere to standard of care – The attorney (Defendant) failed to exercise the care, skill, and diligence commonly possessed and exercised by a member of the legal profession in that community
- Causation – But for the attorney’s negligence, the client (Plaintiff) would have achieved a better result in the underlying action or would not have suffered damage
- Damages – The client (Plaintiff) incurred actual damages as a result of the attorney’s (Defendant’s) actions or inaction
