New York PR Flashcards
4 types of discipline
1) Admonition
2) Public/private censure
3) Suspension
4) Disbarrment
Violation of rule of PC is:
Relevant evidence of malpractice but not conclusive
When must you report knowledge of a violation?
When it raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer
Reciprocal discipline
Discipline imposed by the bar of one state allows NY to impose reciprocal discipline for the same misconduct
Does it matter where misconduct occurred to give rise to discipline in NY?
No
Choice of law in disciplinary matters
1) If conduct occurred in connection with a proceeding where lawyer was admitted, rules of that jurisdiction govern lawyer’s conduct
2) For other conduct, if lawyer only admitted in NY, NY rules govern. If he is admitted somewhere else also, rules of the state in which he principally practices apply unless the predominant effect was in another state
Three restrictions on lawyers
1) May not aid a non-lawyer in the practice of law
2) Shall not enter into partnership, employment, or similar agreement that restricts the right of the lawyer to practice after termination (exception: agreement concerning retirement benefits)
3) May not participate in settlement of a matter that restricts his right to practice in the future
Which decisions does lawyer make and which does client make?
Client- those of substantive legal import
Attorney- strategy, procedure, tactic
Specific examples of client decisions (6)
1) Commencing action
2) Settlement
3) Criminal plea
4) appeal
5) Jury trial/bench trial
6) Whether to testify in criminal case
Example of attorney’s decision
Granting reasonable adjournment that does not prejudice the client
What to do if client loses ability to make a clear decision or a is a minor
Have a guardian appointed
Attorney can take reasonably necessary protective action and seek to have a guardian appointed for client if (3)
1) Diminished capacity
2) Is at risk of physical, financial, or other harm
3) Client cannot act in his own interest
Do lawyers have a right to reject cases?
Yes
When must an attorney withdraw from representation? (4)
1) Lawyer knows it will result in violation of rules or law
2) Lawyer suffers physical or mental disability
3) Client fires lawyer
4) Lawyer knows client is taking steps solely to harass or maliciously injure another
When may an attorney withdraw from representation? (6)
1) Client persists in course of action involving lawyer’s services that lawyer reasonably believes is criminal/fraudulent
2) Client fails substantially to fulfill an obligation to the lawyer regarding services and has been gien reasonable warning of withdrawal unless fulfilled
3) Client uses lawyer’s services to perpetrate crime/fraud
4) Client insists upon action taht the lawyer considers repugnant or with which the lawyer has a dundamental disagreement
5) Representation will result in unreasonable financial burden on lawyer or has been rendered unreasonable difficult by client
6) Other good cause
When must a lawyer continue representation of a client?
When ordered to by the tribunal
Competence includes
1) Physical/mental competence
2) Competence in substantive law
3) Time to handle matter
Lack of competence can be overcome by
Association with someone who is competent or becoming competent in the area
When can a lawyer limit scope of representation?
If limitation is reasonable and client gives informed consent
What type of firm name can you not have?
Trade name
Lawyer may hold himself out as specialist only where
Certified as specialist in the area by a private organization approved by the ABA or another state
2) Includes a disclaimer that it isn’t necessary
What is not included in advertising?
Communications to existing clients or other lawyers
Attorney advertisements must include
1) Name, main office addressm, and phone number of lawyer/law firm
2) Words or statements required by the rules must be clearly legible
3) “Attorney advertisement” on the first page of any direct mail or on home page of website
Lawyer can identify regular clients in ad only where:
They have the clients’ written consent