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Ohio > Legal Ethics > Flashcards

Legal Ethics Flashcards

1
Q

When is a statement false and misleading?

A

It omits a material fact that would render it materially misleading or contains material misrepresentation of fact or law

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2
Q

When is unsubstantiated comparison of attorney services or fees misleading?

A

If it is so specific that it would cause reasonable person to conclude it can be substantiated.

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3
Q

What must an ad contain, at a minimum?

A

Must list the name/address of at least one attorney who is responsible for its content.

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4
Q

Explain prohibitions on referral agreements.

A

Cannot be reciprocal.

Attorney cannot give or receive anything of value for referring customers.

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5
Q

When can lawyer state/imply he is specialist?

A

Only if:

(1) he is actually certified by a board approved by Ohio Supremes; and
(2) he states name of the certifying board in the communication.

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6
Q

Can lawyer counsel client on criminal/fraudulent conduct?

A

He may not. But he may counsel on complying with the law or discuss scenarios that would violate law.

The fact that client uses legal advice in criminal/fraudulent action doesn’t make the lawyer a party to such crime/fraud.

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7
Q

When must attorney take protective action, like appointing a guardian?

A

(1) lawyer reasonably believes client has diminished capacity and is at risk of substantial harm; and
(2) lawyer cannot adequately act in client’s interest.

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8
Q

What must lawyer do when he becomes aware that client has committed crime/fraud?

A

He MUST not assist the client.

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9
Q

What does duty of diligence toward client require?

A

(1) promptly inform client of decision or issue that requires client’s input;
(2) reasonably consult with client;
(3) keep client reasonably informed;
(4) comply with client requests unless doing so immediately would cause imprudent reaction

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10
Q

When can lawyer enter into business relationship with client?

A

(1) terms are fair and reasonable, and fully disclosed in writing;
(2) he advises client in writing that he should seek outside legal advice;
(3) he doesn’t use confidential client information to client’s harm and his or third party’s benefit.

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11
Q

Can lawyer obtain or negotiate literary/media rights relating to representation of client?

A

No, not until representation is over.

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12
Q

When is lawyer’s new firm not disqualified when gov’t was former client of that lawyer?

A

If:

(1) lawyer is timely screened;
(2) he gets no fee;
(3) new firm sends written notice to proper gov’t agency

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13
Q

Lawyer who is a necessary witness cannot represent a client unless:

A
  1. the testimony is on an uncontested issue;
  2. the testimony relates to nature/value of legal services rendered;
  3. disqualifying lawyer would be substantial hardship to client.
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14
Q

Under what circumstances can a lawyer not represent a client?

A
  1. the representation violates law/professional rules
  2. lawyer’s physical or mental condition materially impairs his ability to represent the client
  3. lawyer is discharged
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15
Q

Generally, a lawyer should decline representation unless he can do it:

A
  1. competently
  2. promptly
  3. without conflict of interest
  4. to completion
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16
Q

“Competent Representation”

A

requires skill, knowledge, and preparation reasonably necessary for the representation

17
Q

How long must lawyer keep records/accounting of client?

A

7 years after termination of representation

18
Q

List the exceptions to the A/C privilege.

A
  1. furtherance of future crimes
  2. claimants through same deceased client
  3. documents attested to by lawyer
  4. joint clients
19
Q

What may lawyer NOT do to the court:

A
  1. make false statement of material fact/law
  2. fail to disclose controlling authority directly adverse and not disclosed by opponent
  3. offer evidence known to be false
20
Q

Lawyer may sell or buy practice if:

A
  1. entire practice is to be sold;
  2. actual notice of sale given to seller’s clients about sale and related matters;
  3. fees charged of clients are not increased because of the sale
21
Q

Lawyer fee is clearly excessive after considering factors:

A
  1. time/labor required and difficulty/skill involved
  2. whether accepting client means the lawyer can’t do other work
  3. usual fee for similar work
  4. time limits imposed
  5. nature/length of relation with client
  6. fixed or contingent fee
  7. experience/reputation of lawyer
22
Q

When is contingent fee not allowed?

A
  • criminal matter

- domestic relations matter that involves settlement of property, divorce, alimony/support

23
Q

Duty of “fairness” to adverse party/court:

A

lawyer must not:

  1. unlawfully obstruct access to evidence;
  2. unlawfully alter, destroy, conceal documents;
  3. falsify evidence;
  4. offer illegal inducement to witness;
  5. advise or help witness become unavailable
24
Q

With respect to jurors, lawyers may not:

A
  1. try to illegally influence them;
  2. communicate with them ex parte;
  3. communicate with them after discharge if juror
    (a) doesn’t want to communicate;
    (b) lawyer makes misrepresentation or it involves coercion/duress/harassment;
    (c) it would be illegal
25
Q

Prosecutor may not subpoena lawyer to give evidence about a client unless the prosecutor:

A
  1. reasonably believes it is not privileged;
  2. the information is necessary; and
  3. the information isn’t otherwise available
26
Q

When can lawyer admitted outside of Ohio provide temporary legal services?

A

If the services are:

  1. done with an Ohio lawyer;
  2. reasonably related to pending/potential proceeding;
  3. reasonably related to pending/potential ADR;
  4. arise out of lawyer’s out-of-state practice
27
Q

What does client have ultimate authority to decide?

A
  1. whether to settle
  2. whether to plea
  3. whether to waive jury
  4. whether to testify
28
Q

Lawyer may not solicit client if his significant motive is pecuniary gain, unless:

A
  1. the prospective client is a lawyer;

2. the prospective client is family, has a close personal, or prior client relationship with soliciting lawyer.

29
Q

Unless the prospective client is a lawyer or has close relationship to soliciting lawyer, the communication must:

A
  1. accurately disclose how the lawyer discovered the prospective client;
  2. disclaim/refrain from evaluating merits;
  3. contain “AD ONLY” on communication

Ohio (14 decks)

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