Last Day Flashcards
[First Card] Rule 7.3: Solicitation of Clients Direct Contact with Prospective Clients
Information About Legal Services
Rule 7.3 Solicitation of Clients
(a) A lawyer shall not solicit professional employment when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain by what means? (3)
by in person,
live telephone or
real-time electronic contact
[Second Card] Rule 7.3: Solicitation of Clients Direct Contact with Prospective Clients
Information About Legal Services
Rule 7.3 Solicitation of Clients
(a) A lawyer shall not solicit professional employment by (3) means when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain unless what?
UNLESS the person contacted:
(1) is a lawyer; OR
(2) has a family, close personal, or prior professional relationship with the lawyer.
Rule 7.3: Solicitation of Clients Direct Contact with Prospective Clients
• D -
_____ or group legal service plans
Operated by an organization not owned or directed by the ____
Using in-person or phone contact to solicit memberships or subscriptions for the plan from person
who are not known to need ____ ______
in a particular matter covered by the plan are _____?
Prepaid
L
legal services
okay
Rule 7.2: Advertising
Information About Legal Services
Rule 7.2 Advertising
(a) Subject to the requirements of Rules 7.1 and 7.3, Can a lawyer advertise services through written, recorded or electronic communication, including public media?
Yes
Rule 7.3: Solicitation of Clients Direct Contact with Prospective Clients
(b) A lawyer shall not solicit ____ _____ by written, recorded or electronic communication or by in person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if:
(1) the target of the solicitation has made known to the lawyer a desire ___(4)_____ by the lawyer; or
(2) the solicitation involves ___(3)_____.
professional employment
not to be solicited
coercion, duress or harassment
Rule 7.2: Advertising
Information About Legal Services
Rule 7.2 Advertising
Can a lawyer refer C to another lawyer? If so, on what conditions?
(i) the reciprocal referral agreement is not exclusive,
AND
(ii) the client is informed of the existence and nature of the agreement.
Rule 7.2: Advertising
Information About Legal Services
Rule 7.2 Advertising
(b) A lawyer shall not give anything of value to a person for recommending the lawyer’s services EXCEPT that a lawyer may
(1) pay the ____ ____ of advertisements or communications permitted by this Rule;
(2) pay the ____ ____ of a legal service plan or a not-for-profit or qualified lawyer referral service.
(3) pay for a __ _____ in accordance with Rule 1.17; AND
(4) refer clients to ____ ____
reasonable costs
usual charges
law practice
another lawyer
What is a qualified lawyer referral service? is a lawyer referral service that has been approved by an appropriate regulatory authority
it is a lawyer referral service that has been approved by an appropriate regulatory authority
1.16(c) If appearance in court, L must secure what?
Court’s permission to terminate
1.16(b)(1) A L may quit but only if what?
it can be accomplished without material adverse effect on the interests of the client
1.16(d) A L may withdraw but only if what?
L takes reasonable steps to protect the C’s interest
1.16(d) What are reasonable steps to protect the C’s interest? There are four in the Rule
o giving reasonable notice,
o allowing time for alternate representation,
o refund advance payment,
o return papers and property
Model Rule 1.16 - Declining or Terminating Representation
• (a) Except in (c) L shall MUST decline/withdraw if
violation of rules/law
L’s physical/mental condition materially impairs representation
L is discharged
1.16(b) except in (c), L should CAN withdraw if
o no ___ ____ effect
o past ___ ___
o future __ ____
o ______/_____ disagreement
o C substantially fails ____ to L
o unreasonable _____ burden on L/ unreasonably _____ on C
o ____ cause
material adverse
crime/fraud
crime/fraud
repugnancy/fundamental
obligation
financial
difficult
good
Rule 7.1: Communication Concerning a Lawyer’s Services
Information About Legal Services
Rule 7.1 Communications Concerning A Lawyer’s Services
• A lawyer shall not make a ___ or _____ communication about the lawyer or the lawyer’s services.
false
misleading
• A communication is false or misleading if it contains a __(6)____, or omits a fact necessary to make the statement considered as a whole not ___(2)___.
material misrepresentation of fact or law
materially misleading
Rule 3.5: Impartiality & Decorum of the Tribunal
Advocate
Rule 3.5 Impartiality And Decorum Of The Tribunal
A lawyer shall not:
(a) __(3)____ a judge, juror, prospective juror or other official by means prohibited by law;
(b) ___(3)____ with such a person during the proceeding unless authorized to do so by law or court order;
seek to influence
communicate ex parte
Rule 3.5: Impartiality & Decorum of the Tribunal
Advocate
Rule 3.5 Impartiality And Decorum Of The Tribunal
A lawyer shall not:
(c) ______ with a juror or prospective juror after discharge of the jury if:
(1) the communication is ____(6)____;
(2) the juror has made known to the lawyer a desire ___(3)___; or
(3) the communication involves ______(5)____; or
(d) engage in conduct intended to ___ a tribunal.
communicate
prohibited by law or court order
not to communicate
misrepresentation, coercion, duress or harassment
disrupt
Rule 3.7: Lawyer as Witness
Advocate
Rule 3.7 Lawyer As Witness
(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness UNLESS:
(1) the testimony relates to an ______ issue;
(2) the testimony relates to the ____ and ____ of ___ ___ rendered in the case;
OR
(3) disqualification of the lawyer would work _____ _____ on the client.
uncontested
nature and value of legal services
substantial hardship
Rule 3.7: Lawyer as Witness
Advocate
(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer’s firm is likely to be called as a witness unless precluded from doing so by what in particular?
Rule 1.7 (conflicts of interest) or Rule 1.9 (duties to former clients).
Rule 8.2: Judicial & Legal Officials
Maintaining The Integrity Of The Profession
Rule 8.2 Judicial And Legal Officials
• (a) A lawyer shall not make a statement that the lawyer knows to be ____ or with __(8)___
concerning the qualifications or integrity of a
judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.
false
reckless disregard as to its truth or falsity
Rule 8.2: Judicial & Legal Officials
Maintaining The Integrity Of The Profession
Rule 8.2 Judicial And Legal Officials
• (b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the what?
Code of Judicial Conduct.
Rule 4.2: Communication with Person Represented by Counsel
Transactions With Persons Other Than Clients
Rule 4.2 Communication With Person Represented By Counsel
In representing a client,
a lawyer shall not communicate about the subject of the representation
with a person the lawyer knows to be represented by another lawyer in the matter,
UNLESS what?
the lawyer has the consent of the other lawyer
OR
is authorized to do so by law or a court order.
Rule 4.2: Communication with Person Represented by Counsel
*Applies
• in both __ and ___
• only to contacts related to the ____ ____
• until representation is __ ____ terminated
o i.e. need to confirm
• to L’s investigators/subordinate
criminal and civil
subject matter
in fact
Rule 4.2: Communication with Person Represented by Counsel
Represented Organization
[7] In the case of a represented organization, this Rule prohibits communications with a constituent of the organization who
- ____(5)____ with the organization’s lawyer concerning the matter
- or has __(5)__ with respect to the matter
- or whose act or omission in connection with the matter may be ___ to the organization for purposes of civil or criminal liability.
supervises, directs or regularly consults
authority to obligate the organization
imputed
What about FORMER employees?
- Rule 4.2 Comment 7:“Consent of the organization’s lawyer is ___ _____ for communication with a former constituent.”
- If former employees are represented by separate counsel, the lawyer must secure permission, even if _______.
- If former employees are ___ represented, then Rule 4.3 (communication with Unrepresented Persons) comes into play.
not required
the former employee is not a party
NOT
Rule 4.3: Dealing with Unrepresented Person
Transactions With Persons Other Than Clients
Rule 4.3 Dealing With Unrepresented Person
• In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is _______.
• When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall _____(6)__. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.
disinterested
make reasonable efforts to correct the misunderstanding
