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Professional Responsibility > Midterm > Flashcards

Midterm Flashcards

1
Q

Rule 1.1

A

Competence

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2
Q

Competence

A

A lawyer shall provide competent representation to a client which requires legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

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3
Q

Legal Knowledge (Rule 1.1)

A

Includes the relative complexity and specialized nature of the matter (Think General Counsel Doing Complex Trust or Tax Work without adequate knowledge of the complexity).

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4
Q

Rule 1.2 (Title)

A

Scope of Representation and Allocation of Authority Between a Client & Lawyer

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5
Q

Rule 1.2 (Defined)

A

A lawyer shall abide by a client’s decisions concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued.

A lawyer may take action on behalf of the client as impliedly authorized to carry out the representation.

A lawyer shall not counsel criminal or fraudulent activity to the client but may discuss the legal consequences of any proposed course of conduct with a client.

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6
Q

Rule 1.3 (Title)

A

Diligence

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7
Q

Rule 1.3 (Defined)

A

A lawyer shall act with reasonably diligence and promptness in representing a client

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8
Q

Rule 1.4 (Title)

A

Communication

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9
Q

Rule 1.4 (Defined)

A

Communication shall be prompt with any material decision or circumstance in the client’s case;

Communication must be reasonable about the means and status of the case including requests for information from the client

Communication of limitations on the lawyer is critical (conduct and professional conduct)

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10
Q

Rule 1.5 (Fees)

A

Fees must be reasonable according to 8 factors:

  1. Time and labor required (difficulty and skill required)
  2. Likelihood of limitation on future employment by accepting the case;
  3. Customary fee according to locality
  4. amount involved and results obtained
  5. Time limitations imposed by client or circumstances
  6. Nature and length of the professional relationship
  7. Experience, reputation, and ability of lawyer performing the services AND
  8. Whether the fee is fixed or contingent.
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11
Q

Areas where Fees CANNOT be contingent

A

Criminal and Family Law (Divorce)

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12
Q

1.6 (Title)

A

Confidentiality of Information

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13
Q

1.6 (defined)

A

A lawyer shall not reveal any confidential information unless the client gives informed consent, the disclosure is impliedly authorized, or the disclosure is permitted by paragraph (b)

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14
Q

1.6(b)

A

A lawyer can reveal information if the lawyer reasonably believes necessary

  1. to prevent reasonably certain death or substantial bodily harm;
  2. To prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another;
  3. To prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result;
  4. To secure legal advice about lawyer’s compliance
  5. To establish defense on behalf of lawyer’s controversy between a client over a malpractice claim
  6. To comply with court order or law;
  7. To detect and resolve conflicts of interest arising from change in employment;
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15
Q

Rule 1.7 (Title)

A

Conflicts of Interest: Current Clients

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16
Q

Rule 1.7 (Defined)

A

A lawyer cannot represent a client if the representation involves a conflict of interest
1. Direct and Adverse to another client;
2. Materially limit the representation of another client
UNLESS
(b)(1) the lawyer can provide diligent and competent representation to each affected client;
2. the representation is not prohibited by law;
3. the representation does not involve the assertion of a claim by one client against another;
4. Each affected client gives informed consent, confirmed in writing.

17
Q

Rule 1.8 (Title)

A

Conflicts of Interest: Current Clients: Specific Rules

18
Q

Rule 1.8 (Defined)

A

A lawyer shall not acquire ownership, possessory, security or other pecuniary interest adverse to a client unless the terms are fair and reasonable.

A lawyer should never take real property as payment for services because it never ends up well

The client must give informed consent about quid pro quo transactions and the informed consent must be in writing, signed by the client with reasonable opportunity to consult another lawyer.

A lawyer cannot give himself a gift from a client or solicit any substantial gift from a client.

19
Q

Rule 1.8 (Financial Assistance)

A

A lawyer may advance court costs and expense of litigation (repayment can be contingent upon success)

A lawyer may pay court costs and expense of litigation

A lawyer shall not accept compensation for representing a client from someone other than the client unless

The client gives informed consent;
there is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship; AND
Information relating to representation of a client is protected as required under 1.6

20
Q

Rule 1.15 (Title)

A

Safekeeping Property

21
Q

Rule 1.15 (Defined)

A

Lawyer must safekeep a client’s property reasonably and in good faith by placing the property in a secure location like a safe or deposit box, etc. The lawyer cannot just place the item or property in a place that is accessible to anyone or might be accessible to someone other than the lawyer or client.

22
Q

Rule 1.16 (Declining or Terminating Representation)

A

Lawyer cannot represent a client where it may violate the MRPC

The lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent diligently and competently;

The court gives leave to withdraw based on material circumstances, non-payment, crime, or that which the lawyer believes conduct to be “morally repugnant”

23
Q

Rule 1.18

A

Duties to Prospective Clients

24
Q

Rule 1.18 (Defined)

A

A person who consults with a lawyer about the possibility of forming a client-lawyer relationship is a prospective client;

If the prospective client gives information or meets with the lawyer, the lawyer is subject to all other rules with that information (Confidentiality, Conflicts, Informed Consent, etc.)

25
Q

Rule 8.1 (Title)

A

Bar Admission and Disciplinary Matters

26
Q

Rule 8.1 (Defined)

A

An applicant or lawyer to the bar may not make a false statement of material fact or fail to disclose or correct a false apprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information for an admission

27
Q

Rule 8.2 (Judicial and Legal Officials

A

Lawyer cannot state that which the lawyer knows is false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer

28
Q

Rule 8.3 (Reporting Professional Misconduct)

A

Lawyer who knows of another lawyer who has violated has a duty to inform the appropriate authorities (IS ALWAYS SUBJECT TO DISCIPLINE IF NOT)

Lawyer is also responsible for reporting Judges

Lawyer is preempted from disclosing confidential information or information from a lawyer who is in LAP

29
Q

Rule 8.4 (Misconduct)

A

It is professional misconduct to

  1. Violate the rules of MRPC or knowingly assist another in doing so;
  2. Commit a criminal act adverse on the lawyer’s honesty, trustworthiness, or representational integrity;
  3. engage in conduct prejudicial to the administration of justice
  4. State or imply an ability to influence improperly an official
  5. Engage in conduct lawyer knows or reasonably should know is harassment or discrimination
30
Q

8.5 (Choice of Law)

A

Lawyer is subject to any place of jurisdiction for misconduct performed in that jurisdiction but CANNOT choose the choice of laws of MRPC for a case.

Lawyer can also freely contract to apply different rules if he is acting or practicing in that jurisdiction.

Professional Responsibility (1 decks)

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