Legal ethics Flashcards
Professional Misconduct
- violating or attempting to violate the rules, or assisting another party in violating the rules
- commit a criminal act that reflects adversly on the lawyers honesty, trustworthiness, or fitness
- engage in conduct involving dishonesty, fraud, deciet, or misrepresentation
- engage in conduct that is predjudicial to the administration of justice
- state or imply the ability to influence a tribunal, governement official, or agency
- knowingly assist a judge or judicial officer in conduct that is contrary to the rules of judicial conduct or a violation of the law
Responsibilities of Partners and supervising attorneys
- partners need to make internal policies to designed to provide reasonable assurances that all attorneys are following the law
- Lawyers with direct supervisory authority over other lawyers need to make reasonable efforts to ensure the law is being followed
- supervising attorneys are personally responsible for subordinates ethical violations if they approve of or ratify attorney’s work
- Supervising attorney’s have a responsibility to make sure non attorney’s adhere to rules
Responsibilities of subordinates
- must follow rules even if ordered not to.
- If a supervisee acts in accordance with a supervising attorney’s reasonable resolution of an arguable ethical issue they are not liable .
Advertising
Advertising cannot be misleading. Advertising is misleading if
- It contains a material misrepresentation of fact or law or an ommision which creates a material misleading
- is likely to create an unjustified reasonable expectation about results lawyer can achieve
- Compares lawyers services with other lawyers services unless it can be factually substantiated
- contains a testimonial or endorsement which violates any of the above
Advertisement requirements
An advertisement must include the name and contact information of lawyer or firm.
A copy of the ad must be submitted to the state bar within 15 days of dissemination
A lawyer must keep a copy of the ad for 7 years.
Law Firm name requirements
can’t be misleading
Advertising Specialization
you can advertise your practice area
you can’t call youself a specialist unless you are
- certified by an organization approved by the state bar and the advertising specialization
- Meet CLE and practice hour requirements
- file an annual registration of speciality with the bar
Referals
you can’t pay for them
Solicitation
Direct contact for fee generating emplyment is only permitted if the person who is contacted by the lawyer has a familial, close personal, or prior professional relationship with the lawyer.
You are also permitted to approach persons in need of legal services, explain that need, and suggest they obtain a lawyer or obtain the services of the soliciting lawyer, if you do so without charge.
Written soliciation
Is cool, as long as 45 days have passed from the occurrence giving rise to the cause of action that gives rise to the written solicitation
Duties to perspective clients
A lawyer must not represent a a client if
- the representation violates the NRCP
- the lawyers physical or mental condition impairs the lawyers ability to represent.
- the lawyer is discharged.
- you can’t promptly, compentently, and without conflict represent the client to completion
There is also a duty of loyalty to perspective clients
Perspective clients conflicts of interest
Consulations are subject to attorney client privilige and a lawyer can not represent a client with interests materially adverse to a prospective client that could be significantly harmful to that person, unless
- both the affected client and prospective client have given informed consent confirmed in writing
- the lawyer who recieved the information took reasonable measure to avoid more disqualifying information than was reasonably necessary to determine whether to represent the client, the lawyer is then screened from the matter, and written notice is given to prospective client.
Duty of competence
competence requires legal knowledge and skill and , thoroughness, and preperation, lawyer must also keep up to date with the law.
A lawyer may always provide advice or assistance in an emergency.
3 options if incompetent
- decline or withdraw if unqualified
- make your self qualified
- associate with competent counsel
Fees
Must be reasonable.
No contigency fees for ciminal cases
No contigency fees for domestic cases, except if solely for the collection of child support/alimony arears, or the enforcement of an order dividing the marital estate. These arrangements must be disclosed to court.
Fee agreements need to be expressly
Safe keeping client property
Client funds and fiduciary funds must be identified, held, and maintained a separate account designated as a client trust account.
Funds can’t be comingled except that a lawyer may put some of their own money in to pay fees
Funds must be promptly deposited
Fee’s can only be withdrawn as earned
unearned fees must be promptly returned to client
Clients can ask for accounting of funds at any time
Lawyer must keep accounting records for 7 years
