Lawyers

Question 1

committing __ may make you lose the rt to be a lawyer

Answer 1

a crim act that reflects adversely on L’s honesty, trustworthiness or fitness as a L

Question 2

Partners and supervising attys shall __ to provide reasonable assurance that Ls in the firm will comply w rules

Answer 2

make reasonable efforts to establish internal policies and procedures designed to

Question 3

Non-lawyer secretary behaves in a way that would violate the RPC. Is anyone responsible under the rules?

Answer 3

yes if they ratify or order wrongdoing.

supervisory managers and partners

Question 4

sale of a law practice is ok if

Answer 4

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

Question 5

L advertising is misleading if it

Answer 5

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

Question 6

How can a L get referrals?

Answer 6

-canNOT give anything of value for referrals

-unless prepaid or group legal services plan
or qualified nonprofit L referral service

Question 7

Direct contact to try and get clients is only ok when

Answer 7

1) contacting a L
2) fam, close persional, prior prof rel (former clt)

OR
it’s not for fee-generating employment

Question 8

L should not accept representation in a matter unless it can be performed:

Answer 8

competently
promptly
without improper COI
to completion

Question 9

A representation is ordinarily completed when

Answer 9

the agreed-upon assistance has been conluded

Question 10

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?

Answer 10

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

Question 11

If L is not competent to handle the representation, he can

Answer 11

• decline or withdraw
• take action- like study to make himself competent
• associate w competent counsel

Question 12

A L fee may not be __

Answer 12

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

Question 13

Contingent fees are not allowed in

Answer 13

domestic cases

other than to enforce post-judgment balances

Question 14

How must Ls tell clts about fees

Answer 14

in writing

before or soon after the rep begins

Question 15

Div of a fee bt Ls not in the same firm is ok when

Answer 15

1) division is in proportion to work
2) clt agreed in writing
3) total fee is reasonable

Question 16

What does a L do with cltand feduciary funds

Answer 16

held and maintained in a separate trust account

-must be an interest-bearing account

Question 17

if there’s a dispute about the property that L has possession of and 2+ people claim interests (1 could be L)

Answer 17

prop (only the portion that is sbj to dispute) shall be kept separate by the L until the dispute is resolved

Question 18

COI bt clt and L: to make it ok for a L to enter into a business transax w a clt:

Answer 18

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

Question 19

L can represnt a clt directly adverse to another client or materially limited by resp to the other client if

Answer 19

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

Question 20

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

Answer 20

informed written consent

Question 21

if L’s firm represeneted a client, L can’t rep a present client in the same or substantially related matter when:

Answer 21

1) previous client’s interests are materially adverse

2) L acquired confidential material info from previous representation

Question 22

3p pays L. ok when:

Answer 22

1) informed consent
2) no interference
3) confidentiality is preserved

Question 23

When there’s a COI regarding L’s duty of loyalty to clt, or a potential COI and clt doesnt consent:

Answer 23

disqualification of L is necessary

Question 24

if L is disqualified, then -

Answer 24

whole firm is disqualified.

imputed disqualifiecation

Question 25

ok for a firm to represent someone with interests adverse to a departed L’s clients
UNLESS

Answer 25

1) new matter is same or subs rel

2) any L still at the firm has confidential material info