Legal Ethics Flashcards
When is a statement false and misleading?
It omits a material fact that would render it materially misleading or contains material misrepresentation of fact or law
When is unsubstantiated comparison of attorney services or fees misleading?
If it is so specific that it would cause reasonable person to conclude it can be substantiated.
What must an ad contain, at a minimum?
Must list the name/address of at least one attorney who is responsible for its content.
Explain prohibitions on referral agreements.
Cannot be reciprocal.
Attorney cannot give or receive anything of value for referring customers.
When can lawyer state/imply he is specialist?
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.
Can lawyer counsel client on criminal/fraudulent conduct?
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.
When must attorney take protective action, like appointing a guardian?
(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.
What must lawyer do when he becomes aware that client has committed crime/fraud?
He MUST not assist the client.
What does duty of diligence toward client require?
(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
When can lawyer enter into business relationship with client?
(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.
Can lawyer obtain or negotiate literary/media rights relating to representation of client?
No, not until representation is over.
When is lawyer’s new firm not disqualified when gov’t was former client of that lawyer?
If:
(1) lawyer is timely screened;
(2) he gets no fee;
(3) new firm sends written notice to proper gov’t agency
Lawyer who is a necessary witness cannot represent a client unless:
- the testimony is on an uncontested issue;
- the testimony relates to nature/value of legal services rendered;
- disqualifying lawyer would be substantial hardship to client.
Under what circumstances can a lawyer not represent a client?
- the representation violates law/professional rules
- lawyer’s physical or mental condition materially impairs his ability to represent the client
- lawyer is discharged
Generally, a lawyer should decline representation unless he can do it:
- competently
- promptly
- without conflict of interest
- to completion
“Competent Representation”
requires skill, knowledge, and preparation reasonably necessary for the representation
How long must lawyer keep records/accounting of client?
7 years after termination of representation
List the exceptions to the A/C privilege.
- furtherance of future crimes
- claimants through same deceased client
- documents attested to by lawyer
- joint clients
What may lawyer NOT do to the court:
- make false statement of material fact/law
- fail to disclose controlling authority directly adverse and not disclosed by opponent
- offer evidence known to be false
Lawyer may sell or buy practice if:
- entire practice is to be sold;
- actual notice of sale given to seller’s clients about sale and related matters;
- fees charged of clients are not increased because of the sale
Lawyer fee is clearly excessive after considering factors:
- time/labor required and difficulty/skill involved
- whether accepting client means the lawyer can’t do other work
- usual fee for similar work
- time limits imposed
- nature/length of relation with client
- fixed or contingent fee
- experience/reputation of lawyer
When is contingent fee not allowed?
- criminal matter
- domestic relations matter that involves settlement of property, divorce, alimony/support
Duty of “fairness” to adverse party/court:
lawyer must not:
- unlawfully obstruct access to evidence;
- unlawfully alter, destroy, conceal documents;
- falsify evidence;
- offer illegal inducement to witness;
- advise or help witness become unavailable
With respect to jurors, lawyers may not:
- try to illegally influence them;
- communicate with them ex parte;
- 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
