Kaplan Mod 11 Flashcards
If you have a client that doesn’t pay, is it acceptable to just write off your losses and call that your pro bono work for the year?
No, the pro bono must be entered into willingly, not just written off at the back end
If you take on a pro bono case, but then you end up getting an award of statutory attorneys fees, what should you do?
You should probably donate those to charity
If a court appoints you to represent someone, what must you do?
Generally you should take on the representation, unless it will violate a rule, break the bank, or presents an issue of moral repugnance
What are situations that you wouldn’t have to take on a court appointed representation because it will “break the bank“?
If it would end up being half of your workload, or would cost a lot of money to research, or take a lot of money to get up to speed etc.
Can a lawyer serve as a director, officer, or member of a law reform organization, even if the reform may affect the interests of one of the lawyer’s clients?
Yes
If a lawyer is participating in a law reform organization as a member, director, or officer, and he knows that one of his client’s interests will be materially benefitted by a decision that the lawyer is participating in, what must the lawyer do?
He must disclose that fact, but he doesn’t have to disclose the client’s identity
What is the rule for prosecutors making extrajudicial public statements?
They can’t make statements that they know or reasonably should know will have a substantial likelihood of materially prejudicing an adjudicated proceeding in the matter. This means that prosecutors can say things that are necessary to inform the public about the nature and extent of the prosecutor’s action and that serve a legitimate law-enforcement purpose, but they shouldn’t make statements that have a substantial likelihood of heightening public condemnation of the accused person
Is it proper for a prosecutor to make extrajudicial statements about a defendant saying that he is the perpetrator and is guilty of the crime before the trial even occurs?
No, because that would heighten public condemnation of him, and could taint the jury pool
