GA Bar Hot Topics Flashcards
What should you mention in an exam answer if a lawyer has acted dishonestly?
The general prohibition against engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation
This applies even if the lawyer violates more specific rules.
What are the Georgia Rules of Professional Conduct (RPC) related to?
They cover situations outside of the lawyer’s usual practice
Lawyers may be disciplined for certain crimes, especially those reflecting on honesty.
Is there a disciplinary penalty for failing to report another attorney’s misconduct?
No, but there is an aspirational duty to report
Discuss this duty if a fact pattern includes awareness of another lawyer’s misconduct.
In what situation are contingent fees permitted in domestic relations matters?
When the representation relates to the recovery of postjudgment balances under support, alimony, or other financial orders
A contingent fee is not proper for obtaining an alimony order.
What is the difference between attorney-client privilege and the duty of confidentiality?
Attorney-client privilege applies to lawyer-client communications during the relationship; duty of confidentiality prohibits any disclosure of information relating to the representation
Attorney-client privilege allows the client to refuse to testify in formal proceedings.
What constitutes ‘informed consent’ in conflicts of interest?
The affected client must be aware of all relevant circumstances, reasonable alternatives, and potential harm from the conflict
If a lawyer’s duty of confidentiality prevents disclosure of necessary information, the conflict cannot be waived.
What does ‘confirmed in writing’ mean for informed consent under the RPC?
It means either the client executes a writing or the lawyer confirms it in writing
This ensures that consent is properly documented.
Should a lawyer defend multiple people in a criminal case?
No, because the interests of criminal co-defendants are likely to diverge.
In civil matters, when can a lawyer represent multiple clients?
If the lawyer concludes they can effectively represent all clients and obtains informed consent after explaining the implications.
What should a lawyer do if the positions of clients are antagonistic?
The lawyer should refuse to represent multiple clients.
What is a good practice when representing multiple clients?
Discuss the risks to confidentiality.
What does ‘First Discuss Over Coffee’ represent in business transactions?
Fairness, Disclosure, Outside lawyer, Consent.
What is required for business transactions and aggregate settlements?
The client’s signature.
What should you consider when spotting a former client conflict?
Do the representations overlap in function, scope, or information?
When representing an organization, what must a lawyer clearly identify?
Who their client is.
What happens if a client confesses to lying after a proceeding is over?
The lawyer is not obligated to reveal the perjury.
What is the duration of a lawyer’s duty to report client perjury?
Until the proceeding is over.
When is a lawyer subject to discipline?
A lawyer is subject to discipline for:
* Violating the Georgia Rules of Professional Conduct
* Being convicted of a felony
* Being convicted of a misdemeanor involving moral turpitude related to fitness to practice law
* Committing a crime reflecting adversely on honesty or trustworthiness
* Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation
* Suggesting ability to improperly influence the government
* Failing to promptly pay any final judgment or order against them
* Knowingly assisting a judge in conduct violating judicial rules
* Being regulated by the state where admitted, regardless of conduct location.
The Georgia Rules of Professional Conduct provide a framework for ethical legal practice and outline specific behaviors that can lead to disciplinary action.
What constitutes the unauthorized practice of law?
Unauthorized practice of law includes:
* Engaging in legal advice
* Appearing on a client’s behalf
Unauthorized practice of law refers to individuals providing legal services without proper authorization or licensure.
True or False: A lawyer can be disciplined for assisting another in violating the Georgia Rules of Professional Conduct.
True
Assisting another in violating legal ethics can result in disciplinary action for the lawyer involved.
Fill in the blank: A lawyer is subject to discipline for failing to promptly pay any _______ rendered against them for money collected as a lawyer.
[final judgment or order]
This emphasizes the importance of financial responsibility in legal practice.
What types of crimes can lead to a lawyer’s discipline?
Crimes leading to discipline include:
* Felonies
* Misdemeanors involving moral turpitude
* Crimes reflecting adversely on honesty or trustworthiness
The nature of the crime is important in assessing a lawyer’s fitness to practice law.
How does a lawyer’s conduct affect their fitness to practice law?
Conduct that reflects adversely on a lawyer’s honesty, trustworthiness, or involves dishonesty can affect their fitness to practice law.
The legal profession holds high ethical standards, and any deviation can result in disciplinary action.
What is the basic rule regarding unauthorized practice of law?
Must not engage in or assist someone else in unauthorized practice of law
Examples include appearing on a client’s behalf, giving legal advice, or drafting wills and estate plans.