Lawyers Flashcards
committing __ may make you lose the rt to be a lawyer
a crim act that reflects adversely on L’s honesty, trustworthiness or fitness as a L
Partners and supervising attys shall __ to provide reasonable assurance that Ls in the firm will comply w rules
make reasonable efforts to establish internal policies and procedures designed to
Non-lawyer secretary behaves in a way that would violate the RPC. Is anyone responsible under the rules?
yes if they ratify or order wrongdoing.
supervisory managers and partners
sale of a law practice is ok if
1) in existence for over 5y (except death, disability, appointment to judicial office)
2) sold as an entirety
3) written notice mailed to current clients: fee arrangement changes, rt to retain other counsel, consent presumed in 60d
L advertising is misleading if it
1) material misrepresentation or materially misleading due to an omitted fact
2) unjustified expectation about results
3) compares w other Ls svcs, unless factually substantiated
How can a L get referrals?
-canNOT give anything of value for referrals
-unless prepaid or group legal services plan
or qualified nonprofit L referral service
Direct contact to try and get clients is only ok when
1) contacting a L
2) fam, close persional, prior prof rel (former clt)
OR
it’s not for fee-generating employment
L should not accept representation in a matter unless it can be performed:
competently
promptly
without improper COI
to completion
A representation is ordinarily completed when
the agreed-upon assistance has been conluded
Firm has had a consult with A, may represent in a suit against B. B comes in and wants a consult. can firm represent B?
no- duty not to represent a clt with interests materially adverse to those of a prospective client in the same or a substantially related matter
-if L received info from the prospective clt that could be significantly harmful to that person
- UNLESS both written consent
- disqualified L is screened and gets no part of the fee
If L is not competent to handle the representation, he can
- decline or withdraw
- take action- like study to make himself competent
- associate w competent counsel
A L fee may not be __
clearly excessive.
Factors
1) time, labor, novelty, difficulty, skill needed
2) likelihood that it would preclude L from accepting other employment
3) customary fees in the locality
4) amount involved
5) results obtained
6) experience, reputation, ability of L
6) whether it’s fixed or contingent
Contingent fees are not allowed in
domestic cases
other than to enforce post-judgment balances
How must Ls tell clts about fees
in writing
before or soon after the rep begins
Div of a fee bt Ls not in the same firm is ok when
1) division is in proportion to work
2) clt agreed in writing
3) total fee is reasonable
What does a L do with cltand feduciary funds
held and maintained in a separate trust account
-must be an interest-bearing account
if there’s a dispute about the property that L has possession of and 2+ people claim interests (1 could be L)
prop (only the portion that is sbj to dispute) shall be kept separate by the L until the dispute is resolved
COI bt clt and L: to make it ok for a L to enter into a business transax w a clt:
1) fair and reasonable to clt
2) terms fully disclosed
3) clt advised in writing to seek independent counsel
4) signed informed consent to essential terms incl whether L is representing clt
L can represnt a clt directly adverse to another client or materially limited by resp to the other client if
1) L reas believes he can provide competent rep
2) rep is not illegal
3) doesn’t involve 2 clients against each other in the same litigation
4) informed written consent
if present client’s interests are materially adverse to the former client
-L may not rep present client against former client
-in same or substantially related matter
unless
informed written consent
if L’s firm represeneted a client, L can’t rep a present client in the same or substantially related matter when:
1) previous client’s interests are materially adverse
2) L acquired confidential material info from previous representation
3p pays L. ok when:
1) informed consent
2) no interference
3) confidentiality is preserved
When there’s a COI regarding L’s duty of loyalty to clt, or a potential COI and clt doesnt consent:
disqualification of L is necessary
if L is disqualified, then -
whole firm is disqualified.
imputed disqualifiecation
