Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

MPRE > MPRE > Flashcards

MPRE Flashcards

1
Q

Rule 1.1: Competence

A

provide competent representation to client; requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the rep

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Rule 1.1(1): Legal Knowledge and Skill (factors for requisite k/s)

A

nature of matter; atty general experience; training/exp in field in ?; prep/study able to give; feasible to refer or ass/consult w/ atty w/ est. competence in field (expert in some c)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Rule 1.1(2): Legal Knowledge and Skill (novel atty - study)

A

new atty just as competent; atty can provide adequate rep in wholly novel field through necessary study or association

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Rule 1.1(3): Legal Knowledge and Skill (emergency)

A

emergency - may give advice or assist in matter where do not have skill ordinarily required where referral/consult/assoc w/ another atty impractical - still limit assistance to necessity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Rule 1.1(4): Legal Knowledge and Skill (reasonable prep)

A

may accept rep where requisite level of competence can be achieved by reasonable prep

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Rule 1.1(5): Thoroughness and Preparation

A

adequate prep - inquiry/analysis into factual/legal elements; use methods & procedures of competent standard - required att. & prep determined party by what is at stake

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Rule 1.1(6): Retain or Contract w/ Other Atty (inform consent - reasonable?)

A

client informed & consent to retain or contract other atty; client reasonably believe other atty services will contribute to competent & ethical rep - reasonableness of decision based on cir - experience of atty; nature of services; what protections/rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Rule 1.1(7): Retain or Contract w/ Other Atty (consult w/ each other)

A

atty should consult w/ each other & client about scope of rep & responsibilities of each

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Rule 1.1(8): Maintain Competence

A

atty should keep abreast of changes in law and continue meeting CLE requirements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Rule 1.2(a): Scope of Rep & Allocation of Authority between Client & Lawyer

A

atty shall abide by client decision re: objectives of rep and consult w/ client as means to pursue. may take action impliedly authorized - client choice in civil to settle, criminal to plea, waive jury trial, or testify

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Rule 1.2(b): Scope of Rep & Allocation of Authority between Client & Lawyer

A

rep of client not endorsement of their political, economic, social or moral views or activities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Rule 1.2(c): Scope of Rep & Allocation of Authority between Client & Lawyer

A

may limit scope of rep if reasonable under cir and client gives informed consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Rule 1.2(d): Scope of Rep & Allocation of Authority between Client & Lawyer

A

shall not counsel client to engage, or assist in, conduct atty knows is criminal or fraud but may discuss legal consequences and may assist to make good faith effort to determine validity, scope, meaning or application of the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Rule 1.2(2): Scope of Rep & Allocation of Authority between Client & Lawyer (disagree)

A

consult w/ client to seek mutually acceptable resolution - efforts fail, if atty has fundamental disagreement can withdraw - client may discharge atty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Rule 1.2(3): Scope of Rep & Allocation of Authority between Client & Lawyer (advance auth)

A

client may authorize specific action w/o further consult; atty may rely on advance authorization; client can revoke at any time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Rule 1.2(5): Scope of Rep & Allocation of Authority between Client & Lawyer (independence from client’s views/activity)

A

legal rep shouldn’t be denied to people unable to afford, or whose cause is controversial or subject of popular disapproval

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Rule 1.2(4): Scope of Rep & Allocation of Authority between Client & Lawyer (client diminish capacity)

A

if client appears to be suffering diminished capacity, atty duty to abide by client decisions is guided by Rule 1.14

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Rule 1.2(5): Scope of Rep & Allocation of Authority between Client & Lawyer (independent from client view/activity)

A

legal rep shouldn’t be denied to people who can’t afford; whose cause is controversial; or subject of popular disapproval

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Rule 1.2(6): Scope of Rep & Allocation of Authority between Client & Lawyer (agree to limit scope)

A

scope of services may be limited by agreement or by the term under which services are made available to client - must be reasonable (limited rep a factor in determining the legal k/s & prep required)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Rule 1.2(9): Scope of Rep & Allocation of Authority between Client & Lawyer (criminal, fraud, bad transactions)

A

prohibition does not preclude atty from giving honest opinion about actual consequences likely to result from conduct; client using advice does not make atty a party to action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Rule 1.2(10): Scope of Rep & Allocation of Authority between Client & Lawyer (criminal, fraud, or bad transactions)

A

avoid assisting client by drafting/deliver docs atty knows are fraud; atty may not continue assisting client if discovers conduct is criminal or fraud - must withdraw

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Rule 1.2(11): Scope of Rep & Allocation of Authority between Client & Lawyer (client is fiduciary)

A

where client is fiduciary, atty may be charged w/ special obligations in dealings w/ beneficiary

23
Q

Rule 1.3: Diligence

A

atty shall act w/ reasonable diligence and promptness in representing a client

24
Q

Rule 1.3(1): Diligence

zealous advocacy

A

atty should pursue despite opposition, obstruction, or personal inconvenience - take measures required to vindicate - act w/ commitment & dedication to client interests and zeal w/ advocacy. Not bound to press for every advantage - duty does not require offensive tactics or treating all involved w/ respect

25
Q

Rule 1.3(2): Diligence (work load)

A

atty work load must be controlled so much each matter can be handled competently

26
Q

Rule 1.3(3): Diligence (promptness and procrastination)

A

don’t procrastinate; duty to act w/ reasonable promptness does not preclude atty from agreeing to reasonable requires for postponement that won’t prejudice client

27
Q

Rule 1.3(4): Diligence (follow through)

A

unless terminated, atty should carry through to conclude all matters; if limited to specific matter, rep terminates when matter resolved; sometimes notice of withdrawal necessary; doubt should be clarified in writing; must consult w/ client about appeals before ending rep; obligation to appeal depends on scope of rep

28
Q

Rule 1.3(5): Diligence (sole P death plan)

A

each sole P must prepare plan that designates another atty to review client files, notify clients, and determine if need for immediate protective action in case of sole P’s death or disability

29
Q

Rule 1.4(a): Communication

A

atty shall (1) promptly inform client of any decision to which informed consent is required; (2) reasonably consult about means to do objectives; (3) keep client reasonably informed on status; (4) promptly comply w/ reasonable requests for info; (5) consult about relevant limits on atty conduct when knows client expects conduct not permitted by law or MRPC

30
Q

Rule 1.4(b): Communication

A

atty shall explain matter to extent reasonably necessary to permit client to make informed decisions regarding rep - reasonable comm is Necessary!

31
Q

Rule 1.4(3): Communication (w/ client before action)

A

depending on both importance of action and feasibility of consult w/ client duty will require consult prior to taking action - in emergencies an immediate act may be done w/o prior consult but must act reasonably to inform client atty took action

32
Q

Rule 1.4(4): Communication (prompt response to request for info)

A

client requests reasonable info, must promptly respond or if not feasible, atty or staff must acknowledge receipt of request, advice client when response may be expected

33
Q

Rule 1.4(5): Communication (explaining matters)

A

client should have sufficient info to participate; adequacy of comm depends partly on kind of advice involved; generally not expected to describe trial or negotiation strategy in detail

34
Q

Rule 1.4(6): Communication (diminished capacity or organization)

A

DC client - Rule 1.14; when client is org just address comm to appropriate officials of org

35
Q

Rule 1.4(7): Communication (withholding info)

A

atty may be justified in delaying info if client likely to act imprudently to immediate comm; may not withhold to serve atty own interest or convenience

36
Q

Rule 1.5(a): Fees (reasonable factors)

A

atty shall not make agreement for, charge, or collect unreasonable fee or unreasonable amt for expenses - factors: time/labor involved; novelty/difficulty of ?s; skill requisite; likelihood acceptance will preclude employment for atty; fee customarily charged; amount involved; results obtained; if fee is contingent or fixed; etc

37
Q

Rule 1.5(b): Fees

A

scope of rep & rate shall be comm to client, preferably in writing, before or w/in reasonable time after rep starts except when atty will charge regularly represented client on same rate. any changes shall be communicated

38
Q

Rule 1.5(c): Fees (contingent)

A

may be contingent except when prohibited by (d); must be signed by client in writing; state method how fee calculated; % for expenses and atty fee; whether expenses deducted before or after fee is calculated; state outcome in written agreement

39
Q

Rule 1.5(d): Fees (prohibited)

A

no arrangement for, charge, or collect: (1) any fee in domestic relations matter, payment of amt which is contingent upon securing of divorce or alimony; or (2) a contingent fee for a criminal defendant

40
Q

Rule 1.5(e): Fees (dividing fees)

A

dividing fees between atty not in same firm made only if: (1) div in prop to services performed by each or each atty assumes joint responsibility for rep; (2) client agrees in writing; (3) total fee is reasonable

41
Q

Rule 1.5(1): Fees (reasonableness - reimbursement)

A

factors not exclusive; may seek reimbursement for cost of services performed in-house

42
Q

Rule 1.5(2): Fees (basis or rate)

A

in new atty-client relationship an understanding as to fees and expenses must be promptly established

43
Q

Rule 1.5(3): Fees (contingent)

A

contingent fees subject to reasonable standard; check factors and applicable law

44
Q

Rule 1.5(4): Fees (term of payment)

A

may require advance payment of fee, but obliged to return any unearned portion; may accept property in payment for services if doesn’t involve acquisition of proprietary int in the cause of action

45
Q

Rule 1.5(5): Fees (ability to pay)

A

agreement may not be made with terms that might induce atty improperly to curtail services or perform them not in their best interest; it is proper to define extent of services in light of ability to pay

46
Q

Rule 1.5(6): Fees (prohibited contingent)

A

does not preclude a contract for a contingent fee for rep in connect w/ recovery of post-judgment balances due under support or alimony

47
Q

Rule 1.5(7): Fees (dividing)

A

division of fee is single bill to client; often used when fee is contingent; joint responsibility entails financial & ethical responsibility as if attys were in a pts

48
Q

Rule 1.5(9): Fees (disputes)

A

if procedure has been established to deal w/ dispute, atty must comply w/ when mandatory and even when voluntary, atty should consider submitting.

49
Q

Rule 1.6(a): Confidentiality of Information

A

atty shall not reveal info relating to rep of client unless gives informed consent, disclosure impliedly authorized to carry out rep, or disclosure permitted by (b)

50
Q

Rule 1.6(b): Confidentiality of Information

A

atty may reveal info relating to rep to extent atty reasonably believes nec to: (1) prevent reasonably certain death or substantial bodily harm; (2) prevent client from commit crime or fraud reasonably certain to result in sub injury to financial int or prop of another and in furtherance of which client has used or is using atty services; (3) prevent, mitigate, or rectify sub injury to fin int or prop that is reasonably certain to result or has result from client’s comm of crime or fraud where client used atty services; (4) secure legal advice about atty compliance w/ Rules; (5) establish claim or defense on atty behalf; (6) comply w/ law or court order; (7) detect & resolve COI but only if revealed info would not compromise the arty-client privilege or prejudice client

51
Q

Rule 1.6(c): Confidentiality of Information

A

atty shall make reasonable efforts to prevent inadvertent or unauthorized disclosure of or access to info relating to rep of client

52
Q

Rule 1.9(a): Duties to Former Clients

A

atty who has formerly rep client in matter shall not rep another in same or substantially related matter in which that person’s int are materially adverse to int of former client unless former client gives informed consent in writing

53
Q

Rule 1.9(b): Duties to Former Clients

A

atty shall not knowingly rep a person in same or sub similar matter in which firm where atty was formerly associated had previously repped a client who: (1) int are materially adverse to that person; (2) about whom atty had acquired info that is material to matter; unless former client gives informed consent in writing

54
Q

Rule 1.9(c): Duties to Former Clients

A

atty who has formerly rep a client in a matter whose present or former firm has formerly rep a client in a matter shall not (1) use info relating to rep to disadvantage of former client, except when Rules allow or require or info becomes generally known; or (2) reveal info relating to rep except as Rules permit or require.

MPRE (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions