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PR > Newnee Pr > Flashcards

Newnee Pr Flashcards

1
Q

Compensation from 3rd party

A

ABA
1. informed consent (CA- informed written disclosure + written consent)
2 no interference with judgment
3. no confidential info

emergency consent could be later

CA also adds no disclosure and consent needed if court order or rendering legal services on behalf of a public agency/nonprofit

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2
Q

acquiring proprietary interest in litigation (not media rights)- ABA ONLY

A

Litigation only —– must not acquire proprietary interest in COA/subject matter of litigation except the lawyer may

1) acquire a lien authorized by law for fees and
2) contract with a client for reasonable contingent fee in a civil case

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3
Q

if proprietary interest in nonlitigation

A

normal business

FDOC

Fair terms
Disclosure written of nature and role of the lawyer
Outside counsel- written advice to
Consent, written signed

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4
Q

CA rule for literary media rights and proprietary interest

A

all just normal business

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5
Q

foreclosure sale in CA only

A

must comply with CA probate code code

lawyer must not purchase with whom the lawyer is personally or professionally related

represent a seller the purchaser is a spouse or relative of lawyer/employee at lawfirm

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6
Q

COI new firm

A

SCREENING
1. screened off properly
2. no fee sharing
3. former client given notice

CA- still cant if substantially participated in the same or substantially related matter at prior firm
***but can be waived by the former client in WRITING

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7
Q

prospective client imputation

A

other lawyers at firm may repreent a current client against the prospective client without consent if

  1. disqualified lawyer avoided exposure to more confidential info
  2. screened off and will not share fees
  3. written notice to prospective client
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8
Q

to gov work

A

must not participate if personally and substantially while in private practice unless gov gives informed consent confirmed in writing

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9
Q

prior personal and substantially as a judge, law clerk, or third party neutral

A

all parties to a proceeding must give informed consent confirmed in writing

or
imputation to others may be cured if screened off no sharing fee and written notice to all parties

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10
Q

CA rule for prior role at mediator or settlement judge

A

imputation cannot be cured

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11
Q

role as an evaluator- ABA only

A

no CA counter part

if the evaluation will materially harm the client, lawyer must obtain informed consent before making the valuation

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12
Q

retainer

A

CA only- if true retainer, client must agree in writing after disclosure that they will not receive any refund

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13
Q

contingent fee is limited in CA for

A

medical malpractice case

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14
Q

CA -contingency disclosure

A

lawyers percentage is not set by the law and
client will be charged for work not covered by the contingency

(client may void the k for the failure of this and recover reasonable fee for services rendered)

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15
Q

safekeepting and delivery ca rule

A

absent good cause, client or third party must be notified within 14 days of receipt of fund or property

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16
Q

CA disputed fund

A

must be returned promptly. if not in 34 days, rebuttable presumption of violation of the rules

17
Q

lawyer may share legal fees with nonlaywers

A
  1. non lawyer employees
  2. death benefits
  3. buying a practice of a deceased lawyer

CA+ nonprofit organization:
1. 501 tax exempt
2. org and lawyer written agreement
3. client written disclosure, consent in writing
4. total fee not increased bc of it

18
Q

duty of candor to the tribunal

A
  1. correct material false statement
  2. disclosing facts in ex parte
  3. disclosing harmful authority

CA- cant knowingly misquote

19
Q

knowledge of false evidence

A

must not offer

20
Q

reasonable belief of falsity

A

may refuse to offer

21
Q

remedial measures

A
  1. urge client to cooperate
  2. if not, withdraw
  3. tell the judge
    (you cant tel the judge
22
Q

criminal defendant= false testimony and you know

A
  1. persuade
  2. withdraw
  3. tell the judge

CA- narrative form after trying to dissuade and failed to get permission to withdraw

23
Q

CA special rule for communicatin with juror

A
  1. lawyer in case- cannot communicate directly or indirectly for ANY subject
  2. lawyer not in case- not about the trial if you know they are a juror
    3.includes families
  3. no investigation in a manner to influence

even excused ones

24
Q

CA

A

no suppressing evidence
Advising one to hide or flee

25
Q

adising person not to give info

A

may advise family of client or agent of client, or client, if in the best interest not to give info

CA- no counter part

26
Q

prosecutor diff

A

aba-not subpoena a a lawyer about a client unless p reasonably beleives it sn not priviledged, essential, and no feasible alternative

27
Q

unrepresented person

A
  1. im not disinterested
  2. correct them if they think so
  3. no legal advice

ca+ dont try to get privileged matter

28
Q

heavy-handed tactics

A

ABA- must not use means that have no substantial purpose other than embarrass, delay, or burden a third person( CA did not adopt this rule bc would not be interpreted in a consistent matter)

29
Q

no false or misleading statement

A

unfounded conclusion, achievements that leads to unreasonable expectation, unsubstantiatied comparison,

disclaimer good

CA= language, no fee without recovery must be whether or not includes any costs

30
Q

CA business and professions code

A

no gaurantee of outcome, quick cash or settlement, impersonation, dramatization, contingent fee that does not warn of litigation costs if loses

31
Q

every communication about a lawyer must include

A

name and contact information

32
Q

solicitation is a targeted communication

live solicitation is not allowed
exceptions

A

other lawyers
family or prior professional relationship to lawyer
regular use of tht service

CA- does not count the last one

33
Q

CA solicitation must say AD unless

A

lawyer or its apparent

34
Q

civ pro- relating back doctrine for a new claim

v. for a new defendent

A

if arises from same T/O or SOL allows it

SOL allows it or due to mistaken identity

[1. same t/o
2. new party receives notice of suit ithin 90 days of original filing and
3. new party knew or shouldve known they would be sued (mistake of the identity)]

35
Q

undue influence factors

A

unfairness of resulting bargain, unavailability of independent advice, susceptibility of the assenting party

36
Q

irrevocable offers

remedy for promissory estoppel

A

if no valid contract –> reliance damages

if valid contract –> expectation damages

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