Introduction Flashcards
Requirements for Admission to Practice
- Citizenship or residency requirements impermissible
- Applicant must show good moral character
- Lawyer cannot make false statements regarding applications
Defining Misconduct
a. Violating the RPC or assisting another in doing so
b. Criminal acts that reflect adversely on lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.
c. Stating or implying an ability to improperly influence a government agency or official or to achieve results by means that violate the RPC or other law.
d. Conduct involving dishonesty, fraud, deceit, or misrepresentation
e. Conduct prejudicial to the administration of justice
f. Knowingly assisting a judge or judicial officer in conduct that violates the Code of Judicial Conduct or other law
Unauthorized Practice of Law by Nonlawyers
a. Drafting a contracts
b. Counseling on legal implication of laws
c. Drafting wills and estate plans
Responsibilities of a Partner, Manager, or Supervisory Lawyer
Must make reasonable efforts to ensure that actions by lawyer and nonlawyer subordinates conform to the RPC.
Supervisory lawyer responsible for subordinate’s act if she:
a. Orders or ratifies act
b. Knowingly fails to take remedial action
Naming Rules
May not practice under a misleading name; trade name permitted unless it implies a connection with a government agency or charitable organization.
Responsibilities of a Subordinate Lawyer
Must follow RPC even when acting at supervisor’s direction. Can safely follow supervisor’s directions regarding resolution of an arguable
question of professional duty.
Sale of a Law Practice
- Entire practice or practice area must be sold
- Seller must not engage in private practice in the geographic area for at least 6 months.
- Fees to clients must not increase as a result of the sale.
- Must give written notice to clients about the sale and provide opportunity to retain other counsel or collect their file.
Advertising
Ads must not be false or misleading (e.g., contain unfounded conclusions, create unjustified expectations of results, make unsubstantiated comparisons to other lawyers)
Ad must disclose any use of actors or depictions of fictionalized events.
Ad that mentions fees must specify for how long the fee will be available and any other limiting conditions.
Ad referring to contingent fee arrangement must contain a disclaimer that the client may be responsible for fees and costs.
If ad contains reference to past results, the advertising lawyer must have been lead counsel or primarily responsible for the matter.
Each ad must include the name of at least one lawyer responsible for its content.
All required disclaimers must be prominent and legible.
Must file ads with the Nevada Bar.
Must not pay for recommendations (but may pay for permitted advertising or usual charges of legal services organization).
Solicitation
Targeted contact initiated by lawyer offering to provide legal services. Generally prohibited if motive is pecuniary gain (unless its for family or prior relationships).
Direct mail is permitted if properly labeled as advertising material, unless:
a. The recipient has indicated a desire not to be contacted
b. The solicitation involves coercion, duress, or harassment
c. The recipient is an injured person within 30 days of an accident involving claims for personal injury or wrongful death.
What Creates a Lawyer-Client Relationship?
- Lawyer agrees to provide legal services.
- Lawyer fails to make clear that he does not want to represent the person and knows or should know that the person is reasonably relying on him to provide the services.
- Lawyer is appointed by a tribunal.
Concurrent Conflicts
1) Direct adversity between clients; or
2) A significant risk that the representation will be materially limited by lawyer’s personal interests or by his responsibilities to another.
Lawyer may still accept representation if:
1) Lawyer reasonably believes he can competently and diligently represent each client;
2) Representation is not prohibited by law;
3) Representation does not involve lawyer representing clients on opposite sides of same litigation; and
4) Each client gives informed consent, confirmed in writing
Conflicts Regarding Former Client
Must not represent someone against former client in same or substantially related matter, absent former client’s informed consent, confirmed in writing.
Must not use former client’s confidential information to former client’s disadvantage or reveal any information relating to the representation unless required or permitted by the RPC.
Conflicts Regarding Prospective Client
If lawyer obtains confidential information during consultation that couldsubstantially harm prospective client, he cannot represent a different person with interests materially adverse to prospective client in the same or a substantially related matter.
He can avoid conflict if prospective client gives informed consent duringthe consultation that any information disclosed will not prevent the lawyer from subsequently representing a different client in the matter
Or, he can overcome the client by having the prospective client and current client both give informed consent, confirmed in writing.
Or screening procedures for the attorney that met with the prospective client.
Lawyers as Witnesses
Lawyer may not represent client where she is likely to be a necessary witness, unless:
a. Uncontested issue
b. Testimony regarding the nature and value of legal services
c. Withdrawal would result in substantial hardship
Representing an Organization
Lawyer represents organization and must act in its best interest, and must always make the identity of the client clear to individuals in the organization (but may simultaneously represent individuals in the organization, subject to normal conflict of interest rules).
