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.
Can a lawyer licensed in one state practice in another state where they are not licensed?
No, except for permissible temporary practice or permissible permanent practice
Permissible temporary practice includes associating with an active local lawyer, pro hac vice admission, or practice arising out of home state practice. Permanent practice includes in-house counsel and practice in restricted branches of law.
What are the conditions under which a lawyer can engage in permissible temporary practice?
Associating with active local lawyer, pro hac vice admission, practice arising out of home state practice
These conditions allow for limited legal services in a state where the lawyer is not licensed.
What constitutes permissible permanent practice for a lawyer?
Lawyer employed by only client, practice in restricted branch of law
An example of a restricted branch of law is federal agencies.
How should law-related services be distinguished from nonlegal services?
Make sure nonlegal services are distinct from legal services
Failing to distinguish may cause the RPC to apply to all services.
What must be considered regarding a law firm’s name and general structure?
The firm’s name must not be misleading
A firm can use names of deceased or retired partners but cannot use the name of a lawyer holding public office if they are not actively practicing with the firm.
True or False: A law firm can suggest that lawyers practice in a partnership if they do not.
False
A law firm must not mislead clients regarding the nature of its legal practice.
Fill in the blank: A lawyer’s name cannot suggest a practice in a _______ if they do not.
partnership
Misleading names can violate ethical guidelines.
What must a law firm’s name not be?
Misleading
A firm’s name must accurately reflect its structure and the practice of its lawyers.
Can a law firm use the names of deceased or retired partners?
Yes
This practice is generally acceptable in naming a law firm.
Can a lawyer holding public office have their name used in a law firm’s name if they are not actively practicing?
No
The name of a lawyer holding public office cannot be used if they are not practicing with the firm.
What must a law firm’s name not suggest regarding partnerships?
That lawyers practice in a partnership if they do not
A firm’s name should not imply a partnership when it does not exist.
What should law firms consider regarding relationships with nonlawyers?
Preserving professional independence
Law firms must maintain the integrity of the legal profession in their dealings with nonlawyers.
Is it permissible to set up a partnership involving legal practice with nonlawyers?
No
Legal practice partnerships with nonlawyers are not allowed.
Can law firms share legal fees with nonlawyers?
No, with limited exceptions
The sharing of legal fees is generally prohibited, except in specific circumstances.
Who is responsible for the actions of another lawyer or nonlawyer in a law firm?
All partners, managers, and supervisors
They must ensure compliance with the Rules of Professional Conduct (RPC).
Under what conditions is a supervisory lawyer responsible for a subordinate’s act?
If they:
* Order or ratify the act
* Knowingly fail to take remedial action
Supervisory responsibility requires active engagement in compliance oversight.
Is a subordinate lawyer responsible for a violation of the RPC?
Yes
Subordinate lawyers must adhere to the RPC even when acting under a supervisor’s direction.
What is the responsibility of partners, managers, and supervisors regarding their subordinates?
They must make reasonable efforts to ensure that actions by lawyer and nonlawyer subordinates conform to the RPC
RPC stands for Rules of Professional Conduct.
Under what conditions is a supervisory lawyer responsible for a subordinate’s act?
If they:
* Order or ratify the act
* Knowingly fail to take remedial action
This emphasizes the accountability of supervisory lawyers in a legal setting.
Is a subordinate lawyer responsible for a violation of the RPC?
Yes, they must follow RPC even when acting at the supervisor’s direction, but can rely on supervisor’s direction if it’s a reasonable resolution to an arguable question of professional duty
This highlights the balance between following orders and ethical obligations.
What are the requirements for a lawyer selling their law practice?
Must sell entire practice to a single lawyer or firm, give written notice + opportunity to retain other counsel or collect their file, and must not increase fees for current clients due to sale
These rules protect client interests during the sale process.
Are partnership/employment agreements that restrict a lawyer’s right to practice after termination allowed?
No, they are prohibited, except for retirement agreements
This promotes fair practice and mobility for lawyers post-employment.
Fill in the blank: Lawyers must not enter into a _______ that restricts their right to practice after termination.
settlement agreement
This ensures that lawyers retain their right to practice law following termination.
What must a lawyer communicate to avoid fee misunderstandings?
Scope of representation, basis or rate of fee, and any expenses for which client will be responsible
This is essential to ensure clarity and prevent disputes regarding fees.
What factors must be considered to determine if fees are reasonable?
Time, labor, and skill required
These factors help establish the appropriateness of the fee charged by the lawyer.
What are the requirements for contingent fee agreements?
Must be reasonable, must be in writing, must contain specific disclosures explaining fee calculation
This includes details on expenses that will be deducted from recovery.
In what types of cases are contingent fee agreements not allowed?
Criminal cases and domestic relations matters
An exception exists for collecting past-due balances on financial orders.
True or False: Lawyers in different firms can split fees without restrictions.
False
True referral fees are not allowed, but there are conditions under which fee splitting is permissible.
Under what conditions can lawyers at different firms divide fees?
- Split is in proportion to services performed by each lawyer
- Or, in some other proportion with joint responsibility for the matter
This ensures accountability and fairness in fee division.
What must a lawyer do if a client is using their services to commit a crime or fraud?
The lawyer must withdraw from representation
A lawyer must not counsel or assist the client in illegal or fraudulent conduct, although testing the validity of a law is permissible.
What is the implication of a lawyer having knowledge of a client’s criminal or fraudulent conduct?
The prohibition applies if the lawyer knows the nature of the conduct or acts with willful blindness
Willful blindness means the lawyer deliberately avoids acquiring actual knowledge of the client’s actions.
What is the aspirational goal for pro bono service for lawyers?
50 hours per year
While pro bono service is not required, it is encouraged as an aspirational goal.
What should a lawyer do when dealing with a client with diminished capacity?
Maintain the normal lawyer-client relationship to the extent possible
The lawyer may also seek the appointment of a guardian or take protective action if necessary.
What should a lawyer communicate to avoid misunderstandings regarding legal fees?
The scope of representation, basis or rate of fee, and expenses for which the client is responsible
Clear communication about fees is essential to prevent misunderstandings.
True or False: A lawyer is allowed to avoid court appointments.
False
A lawyer must not seek to avoid court appointments except for good cause.
Is paying for recommendations or referrals allowed?
No, except for specific circumstances
Permissible circumstances include costs of permitted advertising, usual charges of lawyer referral service or legal services plan, and reciprocal, nonexclusive referral arrangements if the client is informed.
What must a lawyer do to limit the scope of representation?
Obtain informed consent from the client
The limitation must be reasonable.
Who has the final say in the lawyer-client relationship regarding substantive decisions?
The client
This includes decisions on whether to settle, what plea to enter, whether the client will testify in criminal cases, and whether to waive a jury trial in criminal cases.