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NY BAR REVIEW > NY BAR REVIEW PROFESSIONAL RESPONSIBILITY REVIEW > Flashcards

NY BAR REVIEW PROFESSIONAL RESPONSIBILITY REVIEW Flashcards

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1
Q

disciplinary rules of professional conduct currently articulated in

A

the American Bar Association (ABA) Model Rules of Professional Conduct, the ABA Model Code of Judicial Conduct, and controlling constitutional decisions and generally accepted principles established in leading federal and state cases and in procedural and evidentiary rules.
current ABA Model Code of Judicial Conduct

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2
Q

discipline of lawyers by state disciplinary authorities

A

the current ABA Model Rules of Professional Conduct.

the view reflected in a majority of cases, statutes, or regulations on the subject.

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3
Q

To the extent that questions of professional responsibility arise in the context of procedural or evidentiary issues, such as the availability of litigation sanctions or the scope of the attorney-client evidentiary privilege

A

the Federal Rules of Civil Procedure and the Federal Rules of Evidence will be assumed to apply, unless otherwise stated

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4
Q

informed consent

A

If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter

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5
Q

fraud or fraudulent

A

conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and
has a purpose to deceive

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6
Q

Informed consent

A

the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct

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7
Q

“Knowingly,” “known,” or knows

A

actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances

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8
Q

Partner

A

a member of a partnership, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law

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9
Q

*“Reasonable” or “reasonably” when used in relation to conduct by a lawyer

A

the conduct of a reasonably prudent and competent lawyer

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10
Q

Reasonable belief” or “reasonably believes” when used in reference to a lawyer

A

that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable

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11
Q

“Reasonably should know” when used in reference to a lawyer

A

that a lawyer of reasonable prudence and competence would ascertain the matter in question

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12
Q

screened

A

the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these Rules or other law

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13
Q

Substantial” when used in reference to degree or extent

A

a material matter of clear and weighty importance

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14
Q

Tribunal

A

a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party’s interests in a particular matter

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15
Q

“Writing” or “written”

A

a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording, and electronic communications

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16
Q

A “signed” writing includes

A

an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing

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17
Q

competence

A

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

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18
Q

a lawyer shall abide by a client’s decisions concerning

A

the objectives of representation and shall consult with the client as to the means by which they are to be pursued

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19
Q

A lawyer may take such action on behalf of the client as is impliedly authorized to

A

carry out the representation

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20
Q

A lawyer shall abide by a client’s decision whether to

A

settle a matter

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21
Q

In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to

A

a plea to be entered, whether to waive jury trial and whether the client will testify

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22
Q

A lawyer’s representation of a client, including representation by appointment, does not constitute

A

an endorsement of the client’s political, economic, social or moral views or activities

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23
Q

A lawyer may limit the scope of the representation

A

if the limitation is reasonable under the circumstances and the client gives informed consent

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24
Q

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but

A

a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law

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25
Q

A lawyer shall act with reasonable

A

diligence and promptness in representing a client

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26
Q

A lawyer shall promptly inform the client of

A

any decision or circumstance with respect to which the client’s informed consent, reasonably consult with the client about the means by which the client’s objectives are to be accomplished;keep the client reasonably informed about the status of the matter; promptly comply with reasonable requests for information; and consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law

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27
Q

A lawyer shall explain a matter

A

to the extent reasonably necessary to permit the client to make informed decisions regarding the representation

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28
Q

A lawyer shall not make an agreement for, charge, or collect

A

an unreasonable fee or an unreasonable amount for expenses

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29
Q

The factors to be considered in determining the reasonableness of a fee include the following

A

(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.

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30
Q

The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be

A

communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client

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31
Q

A fee may be contingent on the outcome of the matter for which the service is rendered, except

A

in a matter in which a contingent fee is prohibited

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32
Q

A contingent fee agreement shall be in

A

a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated

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33
Q

The contingent fee agreement must clearly notify the client of

A

any expenses for which the client will be liable whether or not the client is the prevailing party

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34
Q

Upon conclusion of a contingent fee matter, the lawyer shall provide the client with

A

a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination

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35
Q

A lawyer shall not enter into an arrangement for, charge, or collect:

A

(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or
(2) a contingent fee for representing a defendant in a criminal case.
(e) A division of a fee between lawyers who are not in the same firm may be made only if:
(1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;
(2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and
(3) the total fee is reasonable

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36
Q

A lawyer shall not reveal information

A

relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted

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37
Q

A lawyer MAY reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary

A

(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 and in furtherance of which the client has used or is using the lawyer’s services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;
(4) to secure legal advice about the lawyer’s compliance with these Rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client;
(6) to comply with other law or a court order; or
(7) to detect and resolve conflicts of interest arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.

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38
Q

A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information

A

relating to the representation of a client

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39
Q

a lawyer shall not represent a client if the representation involves a

A

concurrent conflict of interest

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40
Q

A concurrent conflict of interest exists if:

A

(1) the representation of one client will be directly adverse to another client; or
(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer

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41
Q

a lawyer MAY represent a client if

A

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent 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 client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
(4) each affected client gives informed consent, confirmed in writing

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42
Q

A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless:

A

(1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;
(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and
(3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.

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43
Q

A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless

A

the client gives informed consent, except as permitted or required by these Rules

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44
Q

A lawyer shall not solicit

A

any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client

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45
Q

related persons include

A

a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship

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46
Q

Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer

A

literary or media rights to a portrayal or account based in substantial part on information relating to the representation

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47
Q

A lawyer shall not provide financial assistance to

A

a client in connection with pending or contemplated litigation

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48
Q

a lawyer MAY advance court costs and expenses of litigation, the repayment of which

A

may be contingent on the outcome of the matter

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49
Q

a lawyer representing an indigent client may pay

A

court costs and expenses of litigation on behalf of the client

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50
Q

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

A

(1) the client gives informed consent;
(2) there is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship; and
(3) information relating to representation of a client is protected

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51
Q

In representing a client, a lawyer shall not use means that

A

have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

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52
Q

A lawyer who receives a document or electronically stored information relating to the representation of the lawyer’s client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall

A

promptly notify the sender

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53
Q

A lawyer who represents two or more clients shall not participate in

A

making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client. The lawyer’s disclosure shall include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement

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54
Q

A lawyer shall not make an agreement prospectively limiting the lawyer’s liability to a client for malpractice unless

A

the client is independently represented in making the agreement; or settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel in connection therewith

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55
Q

A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, EXCEPT that the lawyer MAY

A

(1) acquire a lien authorized by law to secure the lawyer’s fee or expenses; and
(2) contract with a client for a reasonable contingent fee in a civil case.

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56
Q

A lawyer shall not have sexual relations with a client unless

A

a consensual sexual relationship existed between them when the client-lawyer relationship commenced.

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57
Q

While lawyers are associated in a firm, a prohibition in the that applies to any one of them shall apply to

A

all of them.

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58
Q

A lawyer who has formerly represented a client in a matter shall not thereafter

A

represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

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59
Q

A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client

A

(1) whose interests are materially adverse to that person; and
(2) about whom the lawyer had acquired information protected
that is material to the matter; unless the former client gives informed consent, confirmed in writing.

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60
Q

A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter

A

(1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or
(2) reveal information relating to the representation except as these Rules would permit or require with respect to a client.

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61
Q

While lawyers are associated in a firm, none of them shall knowingly represent a client

A

when any one of them practicing alone would be prohibited from doing so unless (1) the prohibition is based on a personal interest of the disqualified lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm; or (2) the prohibition is based upon Rule and arises out of the disqualified lawyer’s association with a prior firm, and

(i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; (ii) written notice is promptly given to any affected former client to enable the former client to ascertain compliance with the provisions of this Rule, which shall include a description of the screening procedures employed; a statement of the firm’s and of the screened lawyer’s compliance with these Rules; a statement that review may be available before a tribunal; and an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures; and
(iii) certifications of compliance with these Rules and with the screening procedures are provided to the former client by the screened lawyer and by a partner of the firm, at reasonable intervals upon the former client’s written request and upon termination of the screening procedures.

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62
Q

When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm, unless

A

(1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and
(2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter.
(c) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Rule 1.7.
(d) The disqualification of lawyers associated in a firm with former or current government lawyers is governed by Rule

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63
Q

Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government

A

(1) is subject to Rule 1.9(c); and
(2) shall not otherwise represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation.

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64
Q

When a lawyer is disqualified from representation under paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless

A

(1) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
(2) written notice is promptly given to the appropriate government agency to enable it to ascertain compliance with the provisions of this rule.
(c) Except as law may otherwise expressly permit, a lawyer having information that the lawyer knows is confidential government information about a person acquired when the lawyer was a public officer or employee, may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person.

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65
Q

the term “confidential government information” means information that

A

has been obtained under governmental authority and which, at the time this Rule is applied, the government is prohibited by law from disclosing to the public or has a legal privilege not to disclose and which is not otherwise available to the public.

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66
Q

A firm with which that lawyer is associated may undertake or continue representation in the matter only if

A

the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom.

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67
Q

Except as law may otherwise expressly permit, a lawyer currently serving as a public officer or employee

A

(1) is subject to Rules 1.7 and 1.9; and
(2) shall not:
(i) participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless the appropriate government agency gives its informed consent, confirmed in writing; or (ii) negotiate for private employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for private employment as permitted by Rule 1.12(b) and subject to the conditions stated in Rule 1.12(b).

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68
Q

the term “matter” includes

A

(1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties, and
(2) any other matter covered by the conflict of interest rules of the appropriate government agency.

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69
Q

Except as stated in paragraph (d), a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a

A

judge or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing.

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70
Q

A lawyer shall not negotiate for employment with any person who is

A

involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer or as an arbitrator, mediator or other third-party neutral.

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71
Q

A lawyer serving as a law clerk to a judge or other adjudicative officer may negotiate for employment with a

A

party or lawyer involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge or other adjudicative officer.

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72
Q

If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter unless

A

(1) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
(2) written notice is promptly given to the parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of this rule.

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73
Q

An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from

A

subsequently representing that party

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74
Q

A lawyer employed or retained by an organization represents

A

the organization acting through its duly authorized constituents.

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75
Q

If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law that reasonably might be imputed to the organization, and that is likely to result in substantial injury to the organization, then the lawyer shall

A

proceed as is reasonably necessary in the best interest of the organization

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76
Q

Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so, the lawyer shall

A

refer the matter to higher authority in the organization, including, if warranted by the circumstances to the highest authority that can act on behalf of the organization as determined by applicable law

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77
Q

despite the lawyer’s efforts in accordance with paragraph (b) the highest authority that can act on behalf of the organization insists upon or fails to address in a timely and appropriate manner an action, or a refusal to act, that is clearly a violation of law, and the lawyer reasonably believes that the violation is reasonably certain to result in substantial injury to the organization, then the lawyer MAY

A

reveal information relating to the representation whether or not Rule 1.6 permits such disclosure, but only if and to the extent the lawyer reasonably believes necessary to prevent substantial injury to the organization

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78
Q

shall not apply with respect to information relating to a lawyer’s representation of an organization to investigate

A

an alleged violation of law, or to defend the organization or an officer, employee or other constituent associated with the organization against a claim arising out of an alleged violation of law

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79
Q

A lawyer who reasonably believes that he or she has been discharged because of the lawyer’s actions taken pursuant to paragraphs (b) or (c), or who withdraws under circumstances that require or permit the lawyer to take action under either of those paragraphs, shall proceed as

A

the lawyer reasonably believes necessary to assure that the organization’s highest authority is informed of the lawyer’s discharge or withdrawal

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80
Q

In dealing with an organization’s directors, officers, employees, members, shareholders or other constituents, a lawyer shall

A

explain the identity of the client when the lawyer knows or reasonably should know that the organization’s interests are adverse to those of the constituents with whom the lawyer is dealing

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81
Q

A lawyer representing an organization may also represent

A

any of its directors, officers, employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7.

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82
Q

If the organization’s consent to the dual representation is required by Rule 1.7, the consent shall be given by

A

an appropriate official of the organization other than the individual who is to be represented, or by the shareholders.

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83
Q

When a client’s capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible

A

maintain a normal client-lawyer relationship with the client.

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84
Q

When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client’s own interest, the lawyer MAY

A

take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian

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85
Q

Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to

A

reveal information about the client, but only to the extent reasonably necessary to protect the client’s interests.

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86
Q

A lawyer shall hold property of clients or third persons that is in a lawyer’s possession in connection with a representation

A

separate from the lawyer’s own property. Funds shall be kept in a separate account maintained in the state where the lawyer’s office is situated, or elsewhere with the consent of the client or third person. Other property shall be identified as such and appropriately safeguarded. Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of [five years] after
termination of the representation

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87
Q

A lawyer may deposit the lawyer’s own funds in

A

a client trust account for the sole purpose of paying bank service charges on that account, but only in an amount necessary for that purpose.

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88
Q

A lawyer shall deposit into a client trust account

A

legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred

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89
Q

Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall

A

promptly notify the client or third person.

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90
Q

Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person

A

any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property

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91
Q

When in the course of representation a lawyer is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept

A

separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute.

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92
Q

a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if

A

(1) the representation will result in violation of the rules of professional conduct or other law;
(2) the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; or
(3) the lawyer is discharged.

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93
Q

a lawyer may withdraw from representing a client if

A

(1) withdrawal can be accomplished without material adverse effect on the interests of the client;
(2) the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent;
(3) the client has used the lawyer’s services to perpetrate a crime or fraud;
(4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement;
(5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
(6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or
(7) other good cause for withdrawal exists.

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94
Q

A lawyer must comply with applicable law requiring notice to or permission of a tribunal when

A

terminating a representation.

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95
Q

When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding

A

good cause for terminating the representation.

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96
Q

Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as

A

giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law

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97
Q

A lawyer or a law firm may sell or purchase a law practice, or an area of law practice, including good will, if the following conditions are satisfied

A

(a) The seller ceases to engage in the private practice of law, or in the area of practice that has been sold, [in the geographic area] [in the jurisdiction] (a jurisdiction may elect either version) in which the practice has been conducted;
(b) The entire practice, or the entire area of practice, is sold to one or more lawyers or law firms;
(c) The seller gives written notice to each of the seller’s clients regarding:
(1) the proposed sale;
(2) the client’s right to retain other counsel or to take possession of the file; and
(3) the fact that the client’s consent to the transfer of the client’s files will be presumed if the client does not take any action or does not otherwise object within ninety (90) days of receipt of the notice.

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98
Q

If a client cannot be given notice, the representation of that client may be transferred to the purchaser only upon

A

entry of an order so authorizing by a court having jurisdiction. The seller may disclose to the court in camera information relating to the representation only to the extent necessary to obtain an order authorizing the transfer of a file.

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99
Q

The fees charged clients shall not be increased by reason of

A

the sale

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100
Q

A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is

A

a prospective client.

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101
Q

Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not

A

use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client.

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102
Q

A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if

A

the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d).

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103
Q

If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which that lawyer is associated may

A

knowingly undertake or continue representation in such a matter, except as provided in paragraph (d).

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104
Q

When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if

A

(1) both the affected client and the prospective client have given informed consent, confirmed in writing, or:
(2) the lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and
(i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
(ii) written notice is promptly given to the prospective client.

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105
Q

In representing a client, a lawyer shall exercise independent professional judgment and render

A

candid advice.

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106
Q

In rendering advice, a lawyer may refer not only to law but to other considerations such as

A

moral, economic, social and political factors, that may be relevant to the client’s situation.

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107
Q

A lawyer may provide an evaluation of a matter affecting a client for the use of someone other than the client if

A

the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer’s relationship with the client.

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108
Q

When the lawyer knows or reasonably should know that the evaluation is likely to affect the client’s interests materially and adversely, the lawyer shall

A

not provide the evaluation unless the client gives informed consent.

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109
Q

Except as disclosure is authorized in connection with a report of an evaluation, information relating to the evaluation is

A

otherwise protected by Rule 1.6.

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110
Q

A lawyer serves as a third-party neutral when the lawyer

A

assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them.

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111
Q

Service as a third-party neutral may include service as an

A

arbitrator, a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the matter.

112
Q

A lawyer serving as a third-party neutral shall inform unrepresented parties that

A

the lawyer is not representing them.

113
Q

When the lawyer knows or reasonably should know that a party does not understand the lawyer’s role in the matter, the lawyer shall

A

explain the difference between the lawyer’s role as a third-party neutral and a lawyer’s role as one who represents a client.

114
Q

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless

A

there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law

115
Q

In representing a client, a lawyer shall exercise independent professional judgment and render

A

candid advice.

116
Q

In rendering advice, a lawyer may refer not only to law but to other considerations such as

A

moral, economic, social and political factors, that may be relevant to the client’s situation.

117
Q

A lawyer may provide an evaluation of a matter affecting a client for the use of someone other than the client if

A

the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer’s relationship with the client.

118
Q

When the lawyer knows or reasonably should know that the evaluation is likely to affect the client’s interests materially and adversely, the lawyer shall

A

not provide the evaluation unless the client gives informed consent.

119
Q

Except as disclosure is authorized in connection with a report of an evaluation, information relating to the evaluation is

A

otherwise protected by Rule 1.6.

120
Q

A lawyer serves as a third-party neutral when the lawyer

A

assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them.

121
Q

Service as a third-party neutral may include service as an

A

arbitrator, a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the matter.

122
Q

A lawyer serving as a third-party neutral shall inform unrepresented parties that

A

the lawyer is not representing them.

123
Q

When the lawyer knows or reasonably should know that a party does not understand the lawyer’s role in the matter, the lawyer shall

A

explain the difference between the lawyer’s role as a third-party neutral and a lawyer’s role as one who represents a client.

124
Q

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless

A

there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law

125
Q

A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to

A

Require that every element of the case be established.

126
Q

A lawyer shall make reasonable efforts to expedite

A

litigation consistent with the interests of the client.

127
Q

A lawyer shall not knowingly

A

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

128
Q

A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall

A

take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

129
Q

In an ex parte proceeding, a lawyer shall inform the tribunal of

A

all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

130
Q

A lawyer shall not unlawfully obstruct another party’ s access to

A

evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value.

131
Q

The lawyer shall not give legal advice to

A

an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

132
Q

When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall

A

make reasonable efforts to correct the misunderstanding.

133
Q

In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that

A

the lawyer is disinterested.

134
Q

In representing a client, a lawyer shall not communicate about the subject of the representation with A person the lawyer knows to be represented by another lawyer in the matter, unless

A

the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

135
Q

In the course of representing a client a lawyer shall not knowingly

A

a) make a false statement of material fact or law to a third person; or
(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited

136
Q

A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall

A

disclose that the appearance is in a representative capacity and shall conform to the provisions of

137
Q

When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to

A

remedy the conviction.

138
Q

When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall

A

(1) promptly disclose that evidence to an appropriate court or authority, and
(2) if the conviction was obtained in the prosecutor’s jurisdiction,
(i) promptly disclose that evidence to the defendant unless a court authorizes delay, and
(ii) undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.

139
Q

not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes

A

(1) the information sought is not protected from disclosure by any applicable privilege;
(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and
(3) there is no other feasible alternative to obtain the information;
(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

140
Q

The prosecutor in a criminal case shall:

A

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;
(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;
(e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:

141
Q

A lawyer may act as advocate in a trial in which another lawyer in the lawyer’s firm is likely to be

A

called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.

142
Q

A lawyer shall not act as advocate at a trial in which

the lawyer is likely to be a necessary witness, unless

A

(1) the testimony relates to an uncontested issue;
(2) the testimony relates to the nature and value of legal services rendered in the case; or
(3) disqualification of the lawyer would work substantial hardship on the client.

143
Q

No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall

A

make a statement prohibited

144
Q

a lawyer may make a statement that a reasonable lawyer

would believe is required to

A

protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.

145
Q

a lawyer may state

A

(1) the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved;
(2) information contained in a public record;
(3) that an investigation of a matter is in progress;
(4) the scheduling or result of any step in litigation;
(5) a request for assistance in obtaining evidence and information necessary thereto;
(6) a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and
(7) in a criminal case, in addition to subparagraphs (1) through (6):
(i) the identity, residence, occupation and family status of the accused;
(ii) if the accused has not been apprehended, information necessary to aid in apprehension of that person;
(iii) the fact, time and place of arrest; and
(iv) the identity of investigating and arresting officers or agencies and the length of the investigation.

146
Q

A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall

A

make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.

147
Q

A lawyer shall not counsel or assist another person to do any such act

A

falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;
knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;
in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;
in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused;

148
Q

request a person other than a client to refrain from voluntarily giving relevant information to another party unless:

A

(1) the person is a relative or an employee or other agent of a client; and
(2) the lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving such information.

149
Q

A lawyer shall not seek to influence

A

a judge, juror, prospective juror or other official by means prohibited by law;
(b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order;
(c) communicate with a juror or prospective juror after discharge of the jury if:
(1) the communication is prohibited by law or court order;
(2) the juror has made known to the lawyer a desire not to communicate; or
(3) the communication involves misrepresentation, coercion, duress or harassment; or
(d) engage in conduct intended to disrupt a tribunal.
Advocate

150
Q

A lawyer who is participating or has participated in the investigation or litigation of a matter shall not

A

make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

151
Q

A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that

A

the other lawyer conforms to the Rules of Professional Conduct.

152
Q

A lawyer shall be responsible for another lawyer’s violation of the Rules of Professional Conduct if:

A

(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

153
Q

Responsibilities Of A Subordinate Lawyer

A

(a) A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person.
(b) A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.

154
Q

Responsibilities Regarding Nonlawyer Assistance

With respect to a nonlawyer employed or retained by or associated with a lawyer

A

(a) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the professional obligations of the lawyer;
(b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer;

155
Q

a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if

A

(1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action

156
Q

A lawyer or law firm shall not share legal fees with a nonlawyer, except that:

A

(1) an agreement by a lawyer with the lawyer’s firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer’s death, to the lawyer’s estate or to one or more specified persons;
(2) a lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer may, pursuant to the provisions of Rule 1.17, pay to the estate or other representative of that lawyer the agreed-upon purchase price;
(3) a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement; and
(4) a lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter.

157
Q

A lawyer shall not form a partnership with a nonlawyer if

A

any of the activities of the partnership consist of the practice of law

158
Q

A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to

A

direct or regulate the lawyer’s professional judgment in rendering such legal services

159
Q

A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if:

A

1) a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration;
(2) a nonlawyer is a corporate director or officer thereof or occupies the position of similar responsibility in any form of association other than a corporation ; or
(3) a nonlawyer has the right to direct or control the professional judgment of a lawyer

160
Q

Unauthorized Practice Of Law; Multijurisdictional Practice Of Law

A

A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so

161
Q

A lawyer who is not admitted to practice in this jurisdiction shall not:

A

(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction

162
Q

A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that

A

(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

163
Q

) A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, may provide legal services through an office or other systematic and continuous presence in this jurisdiction that

A

are provided to the lawyer’s employer or its organizational affiliates; are not services for which the forum requires pro hac vice admission; and, when performed by a foreign lawyer and requires advice on the law of this or another jurisdiction or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice; or
(2) are services that the lawyer is authorized by federal or other law or rule to provide in this jurisdiction

164
Q

the foreign lawyer must be

A

a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and are subject to effective regulation and discipline by a duly constituted professional body or a public authority.

165
Q

A lawyer shall not participate in offering or making:

A

(a) a partnership, shareholders, operating, employment, or other similar type of agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or
(b) an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a client controversy

166
Q

A lawyer shall be subject to the Rules of Professional Conduct with respect to the provision of law-related services, as defined in paragraph (b), if the law-related services are provided

A

(1) by the lawyer in circumstances that are not distinct from the lawyer’s provision of legal services to clients; or
(2) in other circumstances by an entity controlled by the lawyer individually or with others if the lawyer fails to take reasonable measures to assure that a person obtaining the law-related services knows that the services are not legal services and that the protections of the client-lawyer relationship do not exist.

167
Q

The term “law-related services” denotes

A

services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a nonlawyer

168
Q

Every lawyer has a professional responsibility to provide legal services to

A

those unable to pay

169
Q

A lawyer should aspire to render at least how many hours of pro bono publico legal services per year?

A

50 hours

170
Q

In fulfilling this pro bono publico responsibility, the lawyer should

A

(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:
(1) persons of limited means or
(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; and
(b) provide any additional services through:
(1) delivery of legal services at no fee or substantially reduced fee to individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization’s economic resources or would be otherwise inappropriate;
(2) delivery of legal services at a substantially reduced fee to persons of limited means; or
(3) participation in activities for improving the law, the legal system or the legal profession.
In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.

171
Q

A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as

A

(a) representing the client is likely to result in violation of the Rules of Professional Conduct or other law;
(b) representing the client is likely to result in an unreasonable financial burden on the lawyer; or
(c) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer rel

172
Q

A lawyer may serve as a director, officer or member of a legal services organization, apart from the law firm in which the lawyer practices, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer. The lawyer shall not knowingly participate in a decision or action of the organization

A

(a) if participating in the decision or action would be incompatible with the lawyer’s obligations to a client under Rule 1.7; or
(b) where the decision or action could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the lawyer.
ationship or the lawyer’s ability to represent the client.

173
Q

A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration notwithstanding that the reform may affect the interests of a client of the lawyer.

A

When the lawyer knows that the interests of a client may be materially benefitted by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client.

174
Q

ATTYS DUTIES UPON TERMINATION OF REPRESENTATION

A

b4 withdrawing, an atty must give the client reasonable notice of his w/drawal n a chance 2 get another atty. when an atty w/draws or is fired, the atty must refund any advance on fees not yet earned n expenses not yet spent, and must turn over all papers n property to which the clients entitled.

175
Q

PERMISSIVE W/DRAWAL

A

for any reason if w/drawal does not have a mtrl adverse effect on the clients interests or consents. he may do so despite an adverse impact when the circumstances are so severe as to justify harm to the clients interests and the client persists in criminal or fraudulent conduct, if the conduct requires attys assistance, atty must w/draw, the client has used attys services 2 commit a past crime or fraud, the clients objective is repugnant or against the lawyers beliefs, the client breaks his promise 2 d atty, the representation imposes an unreasonable financial burden on the atty, the client wont cooperate in the representation, other good cause for w/drawal exists.

176
Q

MANDATORY W/DRAWAL

A

when the attys mental or physical condition would make it unreasonable 4 him 2 continue representing the client or continued representation would require the atty to violate a law or disciplinary rule.

177
Q

COURT PERMISSION TO SUBSTITUTE ATTYS

A

in a litigation matter, local court rules typically require court permission for a client to fire his atty, n the court may deny permission if a substitution of attys would cause undue delay or disruption. for the same reasons, d court may deny an attys request 2 w/draw, even if theres good cause 4 w/drawal.

178
Q

CLIENT FIRES ATTY

A

he can fire the atty at any time, w or w/o cause. the clients then liable 2 the atty in quantum merit for the reasonable value of the work done. of the atty n client had a contract for a flat fee or max fee, the atty cannot recover more than the amt contracted 4. if the atty n client had a contingent fee agreement, the attys quantum merit claim doesnt arise until the contingency comes to pass, typically till the client gets a favorable judgment or settlement.

179
Q

TERMINATING THE LAWYER-CLIENT RELATIONSHIP

A

the relationship normally continues until the end o the matter, but it can terminate prematurely in 3 ways- the client can fire the lawyer, the lawyer must withdraw, the lawyer may withdraw.

180
Q

WITHHOLDING INFO FROM CLIENT

A

a lawyer may delay the transmission of info to a client if the client would b likely 2 react imprudently 2 an immediate communication. moreover, if a court rule or order forbids a lawyer from sharing info w a client, the lawyer must comply.

181
Q

SPECIAL CIRCUMSTANCES

A

the amt and kind of info the lawyer should give 2 d client depends on the clients situation, like a client w diminished capacity may require extra explanation and assistance. if a lawyer regularly represents a client, the 2 may work out a convenient arrangement 4 occasional reporting of routine developments.

182
Q

COMMUNICATING W THE CLIENT

A

a lawyer must promptly inform the client of any decision that requires the clients informed consent, keep the client reasonably informed bout the status of the matter n the means to b used 2 accomplish the clients objectives, respond promptly when a client makes a reasonable request for info, and consult w the client if the client expects the lawyer to do something illegal or unethical.

183
Q

LAWYERS DUTIES

A

a lawyer has the same duties to an emergency nonclient as he would w respect to a client. normally the lawyer would not seek compensation for emergency actions taken on behalf of the nonclient.

184
Q

EMERGENCY LEGAL ASSISTANCE TO NONCLIENT W SERIOUSLY DIMINISHED CAPACITY

A

when a person w seriously diminished capacity facing imminent and irreparable harm to his health, safety, financial interest consults a lawyer, he may take legal action on behalf of the person even if a lawyer-client relationship has not been established if the lawyer reasonably believes the person has no other representative. any action taken should b limited to that necessary to avoid the harm.

185
Q

PROTECTIVE ACTION AND APPOINTMENT OF GUARDIAN

A

when the client has diminished capacity and faces a substantial risk of physical, financial, or other harm, the lawyer may take reasonable actions to protect the client, including seeking the apptmt of a guardian. under these circumstances, the lawyer has implied authority to reveal the clients confidential info, to the extent necessary to protect the client.

186
Q

CLIENT W DIMINISHED CAPACITY

LAWYERS DUTIES

A

if a client is a minor or has diminished mental capacity, the lawyer has a duty so far as reasonably possible, to maintain a normal lawyer-client relationship w the client. even if the client has a guardian or other representative, the lawyer should so far as possible treat the client as a client particularly in communicating w the client bout significant developments.

187
Q

LIMITS ON LAWYERS RESPONSIBILITY AND AUTHORITY

A

a lawyer may limit scope of representation provided the limitation is reasonable ulnder the circumstances n the client gives informed consent. reasonable circum: when disagreements exist bw lawyer n client bout the means to b used to reach clients objectives, when the client insists on the lawyers assistance in violating a law or legal ethics rule, when a lawyer discovers that a client has begun an illegal course of action n the conduct in continuing.

188
Q

DECISIONS 2 BE MADE BY CLIENT

A

a lawyer must abide by a clients decisions affecting the clients substantial legal rts: whether to accept a settlement offer, what plea to enter in a criminal case, whether to waive a jury trial in a criminal case, whether the client will testify in a criminal case, whether to appeal.

189
Q

SCOPE OF REPRESENTATION

A

the scope n objectives of representation may be defined by agreement bw lawyer and client n absent a contrary agreement, the lawyer is obligated to pursue a clients objectives in all reasonably available legal ways. however, a lawyer must not advise or assist a client to commit a crime or fraud, but the lawyer may discuss legal consequences of a proposed course of action w the client.

190
Q

FORWARDING OR REFERRAL FEES

A

when a lawyer refers a case to a 2nd lawyer and the first lawyer neither works on the case nor assumes responsibility for it, the 2nd must not pay the 1st a forwarding or referral fee. a lawyer may set up a reciprocal referral arrangement in which the lawyer agrees to refer clients to another lawyer or nonlawyer, provided the clients referred are informed of the arrangement.

191
Q

CERTAIN SPLITS W LAWYERS OUTSIDE FIRM

A

a lawyer may split her fee w another lawyer whos not in her firm if- the total fees reasonable, if the split is in proportion to the services performed by each lawyer, or some diff proportion if each lawyer assumes joint responsibility for the matter, the client agrees to the split in writing.

192
Q

LAWYERS W/IN A FIRM

A

a firms partners and associates may pool and split legal fees. a law firm may also make payments under a separation or retirement agreement to a former partner or associate.

193
Q

FEE SPLITTING W OTHER LAWYERS

A

a lawyer mustnt split fees w another lawyer, except when:

194
Q

REMEDIES

A

in addition to filing suit to recover a fee, a lawyer can generally use a common law or statutory charging lien. many states also permit the lawyer to exercise a retaining lien under which she can retain documents, funds, and property of the client until her fee is pd, but theres a strong minority view against it. if the lawyer receives funds out of which his fees to be pd, and the client disutes the fee, the lawyer may retain the disputed amt in a client trust acct, until the resolution of the dispute. moreover, many jurisdictions have arbitration or mediation services to resolve fee disputes.

195
Q

FEE DISPUTES

A

a lawyer may not use illegal collection methods, improperly use confidential info, or harass a client to obtain compensation.

196
Q

WRITTEN FEE AGREEMENT REQUIRED

A

a contingent fee agreement is required to be in a writing signed by the client. the writing must spell out how the fee is to be calculated, what litigation and other expenses are to be deducted from the recovery, whether deductions for expenses will be made before or after the fee is calculated, and what expenses the client must pay.

197
Q

CONTINGENT FEES MUST BE REASONABLE

A

it must be reasonable in amt and mustnt be used if the facts of the case make it unreasonable to do so.

198
Q

GENERALLY PROHIBITED IN CRIMINAL AND DOMESTIC RELATIONS CASES

A

a lawyer is subject to disclipline for using contingent fees in criminal cases and in domestic relations cases when the contingency is based on the securing of a divorce, the amt of alimony or support , or the amt of a property settlement.

199
Q

CONTINGENT FEES

A

US law tolerates contingent fees, in which the lawyer receives his fee only upon favorable resolution for his client. often a contingent fee is a percentage of the clients recovery in the case.

200
Q

CREDIT ARRANGEMENTS AND SECURITY

A

an atty may permit the client to pay a fee by cc, to finance fees through bank loans, or to pay by an interest-bearing promissory note. if local law permits, an atty may use an attys lien to secure payment of a fee.

201
Q

CUTTING OFF SERVICES

A

a lawyer mustnt make a fee agreement that could cut off services in the middle of the relationship and thus put the client at a disadvantage.

202
Q

NATURE OF THE RELATIONSHIP

A

it is a contractual one, and the terms of such a contract are derived form custom and mutual agreement. a lawyer is the clients fiduciary and agent.

203
Q

CREATING THE RELATIONSHIP

A

it arises when a person indicates an intent that the lawyer provide legal services and he agrees or fails to clearly inform the person that he does not wish to represent her, resulting in implied assent, or when a tribunal appoints a lawyer to represent a client.

204
Q

IMPLIED ASSENT AND REASONABLE RELIANCE

A

a lawyers assent is implied when he fails to clearly decline representation and the prospective client reasonably relies on the representation. reasonableness is a question of fact.

205
Q

COURT APPOINTMENTS

A

lawyers have an ethical obligation to help make legal service available to all who need it by accepting a fair share of unpopular or indigent clients. a lawyer mustnt seek to avoid court appts to represent clients except for good cause, like if the representation would require the lawyer to violate a law or disciplinary rule, or it would impose an unreasonable financial burden on the lawyer, or the lawyers personal feelings would prevent her from representing the client effectively.

206
Q

DUTY TO REJECT A CASE

A

a lawyer must refuse employment when: the clients motive is to harass or maliciously injure a person, the case presents a factually or legally frivolous position, but a good faith argument that the facts are as claimed or that the law should be changed is permissible, the lawyer is incompetent or too busy to handle the matter, the lawyers strong personal feelings may impair his ability of effective representation, the lawyers mental or physical condition would materially impair the representation.

207
Q

DUTIES OWED TO PROSPECTIVE CLIENT

A

if no lawyer-client relationship ensues form a discussion w a prospective client, the lawyer must protect the persons confidential info, including declining representation of others in the same or related matter, protect the prospective clients property and use reasonable care in giving the person any legal advice like whether the claim has merit.

208
Q

ETHICAL OBLIGATION TO ACCEPT UNPOPULAR CASES

A

a lawyer can fulfill his obligation to assist in the provision of legal services to those in need by accepting a fair share of unpopular matters or indigent or unpopular clients.

209
Q

ATTYS FEES

A

the nature and amt of attys fees are subjects for contractual agreement bw the atty and the client except when the fee is set by statute or court order.

210
Q

WHEN TO AGREE ON FEE

A

the ABA MODEL RULES require a lawyer to reach a clear fee agreement w the client, preferably in writing, early in the relationship.

211
Q

DISCIPLINE FOR UNREASONABLE FEE

A

a court wont enforce a contract for an unreasonably high fee or an unreasonably high amt for expenses, and the lawyer is subject to discipline for trying to exact such a fee for expenses.

212
Q

FACTORS

A

factors considered in determining reasonableness include time and labor required, novelty and difficulty of the questions involved, skill required, whether the lawyer is precluded from other work, what other lawyers in the community charge, the amt at satke and the results obtained, time limitations, the experience, reputation, and ability of the lawyer, and whether the fee is fixed or contingent.

213
Q

ITEMS THAT MAY AND MAY NOT BE BILLED

A

the atty must disclose the basis for charges and may not charge the client for ordinary overhead expenses. the atty may charge the client the actual cost of special services like computer research, secretarial overtime. alternatively, the atty may charge a reasonable amt agreed to in advance.

214
Q

PAYMENT IN ADVANCE

A

a lawyer may require his fee to be paid in advance, but he must refund any unearned part of the advance if hes fired or withdraws. a lawyer neednt return a true retainer fee like money paid soley to insure the lawyers availability.

215
Q

PROPERTY FOR SERVICES

A

a lawyer may accept property in return for services, provided that this doesnt involve a proprietary interest in the cause of action or subject of litigation, but such an arrangement is subject to scrutiny to make sure the lawyer does not take advantage of the client.

216
Q

) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter

A

(1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest; and
(2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.

217
Q

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains

A

a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.
nformation About Legal Services

218
Q

a lawyer may advertise services through

A

written, recorded or electronic communication, including public media.

219
Q

A lawyer shall not give anything of value to a person for recommending the lawyer’s services except that a lawyer may

A

(1) pay the reasonable costs of advertisements or communications permitted by this Rule;
(2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority;
(3) pay for a law practice in accordance with Rule 1.17; and
(4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if
(i) the reciprocal referral agreement is not exclusive, and
(ii) the client is informed of the existence and nature of the agreement.

220
Q

Any communication made pursuant to this rule shall include the name and office address of

A

at least one lawyer or law firm responsible for its content

221
Q

Solicitation ofClients: A lawyer shall not by in person, live telephone or real-time electronic contact solicit professional employment when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain, unless the person contacted

A

(1) is a lawyer; or
(2) has a family, close personal, or prior professional relationship with the lawyer.
(b) A lawyer shall not solicit professional employment by written, recorded or electronic communication or by inperson, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if:
(1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or
(2) the solicitation involves coercion, duress or harassment.

222
Q

Every written, recorded or electronic communication from a lawyer soliciting professional employment from anyone known to be in need of legal services in a particular matter shall include the words

A

“Advertising Material” on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2).

223
Q

), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses inperson or telephone contact to

A

solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

224
Q

Communication of Fields of Practice and Specialization

A

(a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.
(b) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation “Patent Attorney” or a substantially similar designation.
(c) A lawyer engaged in Admiralty practice may use the designation “Admiralty,” “Proctor in Admiralty” or a substantially similar designation.

225
Q

A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

A

(1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and
(2) the name of the certifying organization is clearly identified in the communication.
formation About Legal Services

226
Q

Firm Names And Letterheads

A

(a) A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not otherwise in violation of Rule 7.1.
(b) A law firm with offices in more than one jurisdiction may use the same name or other professional designation in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located.
(c) The name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
(d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact.

227
Q

A lawyer or law firm shall not accept

A

a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.
aintaining The Integrity Of The Profession

228
Q

An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:

A

(a) knowingly make a false statement of material fact; or
(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by Rule 1.6.

229
Q

integrity of the profession

A

(a) A lawyer shall not make a statement that the lawyer knows to be 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, or of a candidate for election or appointment to judicial or legal office.
(b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduc
aintaining The Integrity Of The Profession
Rule 8.3 Reporting Professional Misconduct
(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
(b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.
(c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program.

230
Q

It is professional misconduct for a lawyer to:

A

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or
(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

231
Q

In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows:

A

(1) for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and
(2) for any other conduct, the rules of the jurisdiction in which the lawyer’s conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur.

232
Q

disciplinary authority

A

A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer’s conduct occurs. A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction. A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct.

233
Q

independent, fair and impartial judiciary

A

The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. Thus, the judiciary plays a central role in preserving the principles of justice and the rule of law. Inherent in all the Rules contained in this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system

234
Q

Judges should maintain the dignity of judicial office at all times, and avoid:

A

both impropriety and the appearance of impropriety in their professional and personal lives. They should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence.

235
Q

The Model Code of Judicial Conduct establishes

A

standards for the ethical conduct of judges and judicial candidates. It is not intended as an exhaustive guide for the conduct of judges and judicial candidates, who are governed in their judicial and personal conduct by general ethical standards as well as by the Code. The Code is intended, however, to provide guidance and assist judges in maintaining the highest standards of judicial and personal conduct, and to provide a basis for regulating their conduct through disciplinary agencies.

236
Q

The Model Code of Judicial Conduct consists of

A

four Canons, numbered Rules under each Canon, and Comments that generally follow and explain each Rule. Scope and Terminology sections provide additional guidance in interpreting and applying the Code. An Application section establishes when the various Rules apply to a judge or judicial candidate.

237
Q

Where a Rule contains a permissive term, such as “may” or “should,” the conduct being addressed is committed to

A

the personal and professional discretion of the judge or candidate in question, and no disciplinary action should be taken for action or inaction within the bounds of such discretion.

238
Q

The Comments that accompany the Rules re judges serve two functions.

A

They provide guidance regarding the purpose, meaning, and proper application of the Rules. They contain explanatory material and, in some instances, provide examples of permitted or prohibited conduct. Comments neither add to nor subtract from the binding obligations Model Code of Judicial Conduct

239
Q

when a Comment contains the term “must,” it does not mean that

A

the Comment itself is binding or enforceable; it signifies that the Rule in question, properly understood, is obligatory as to the conduct at issue.

240
Q

Comments identify aspirational goals for judges.

A

To implement fully the principles of this Code as articulated in the Canons, judges should strive to exceed the standards of conduct established by the Rules, holding themselves to the highest ethical standards and seeking to achieve those aspirational goals, thereby enhancing the dignity of the judicial office.

241
Q

The Rules of the Model Code of Judicial Conduct are rules of reason that should be applied consistent with

A

constitutional requirements, statutes, other court rules, and decisional law, and with due regard for all relevant circumstances. The Rules should not be interpreted to impinge upon the essential independence of judges in making judicial decisions.

242
Q

Although the black letter of the Rules is binding and enforceable, it is not contemplated that every transgression will result in

A

the imposition of discipline. Whether discipline should be imposed should be determined through a reasonable and reasoned application of the Rules, and should depend upon factors such as the seriousness of the transgression, the facts and circumstances that existed at the time of the transgression, the extent of any pattern of improper activity, whether there have been previous violations, and the effect of the improper activity upon the judicial system or others.

243
Q

The Code is not designed or intended as a basis for

A

civil or criminal liability. Neither is it intended to be the basis for litigants to seek collateral remedies against each other or to obtain tactical advantages in proceedings before a court

244
Q

THE STATE

A

states may regulate the practice of law in the exercise of their police powers. state courts, not legislatures have that ultimate power.

245
Q

COURTS

A

the ultimate pwer of reulating the legal profession rests w the highest state court. case law, court rules, state statutes are used in governing the practice of law.

246
Q

ETHICS RULES- ABA MODEL RULES AND JUDICIAL CODE

A

most states have adopted ehtics rules patterned after models drafted by the american bar association. majority have rules patterned after the MODEL RULES OF PROFESSIONAL CONDUCT, while the remainder base their rules on the older MODEL CODE OF PROFESSIONAL RESPONSIBILITY. most have enacted some version of the ABA MODEL CODE OF JUDICIAL CONDUCT.

247
Q

BAR ASSOCIATIONS

A

each state has one. majority have integrated bars, where one must be a member of the bar assoc to practice law in the state. administration of bar examinations, provision of continuing legal educ programs, and assistance with discipline are functions of state bar assoc.

248
Q

LEGISLATURE

A

all state legislatures have enacted states governing some aspects of legal practice.

249
Q

THE FEDERAL SYSTEM

A

each federal ct has its own bar, to which an atty must belong in order to practice b4 that ct. federal practice is governed by federal statutes, case law, and ct or agency rules. federal govt attys are subject to stte ethics law and rules in each state where atts engage in their duties.

250
Q

REGULATION BY MULTIPLE STATES

A

a lawyer is subject to regulation by each stte in which is one is admitted to practice.

251
Q

FALSE STATEMENTS

A

in connectin w an application to the bar or a bar disciplinary matter, an applicant or lawyer mustnt knowingly make a false statement of material fact.

252
Q

FAILURE TO DISCLOSE INFORMATION

A

in connection w an application to the bar or a bar disciplinary matter, an applicant or lawyer mustnt fail to disclose a fact thats necessary to correct a misapprehension known by the applicant or lawyer to have arisen in the matter, or fail to respond to a lawful demand for information. these obligations dont apply to info protected by the ethical duty of confidentiality.

253
Q

CHARACTER AND FITNESS- GOOD MORAL CHARACTER

A

bar applicants are usually required to demonstrate that they are of good moral character. if a question arises as to an applicants honesty and integrity, the applicant may be asked to appear at a hearing before the admissions committee, where the applicant will be afforded procedural due process rights.

254
Q

RELEVANT CONDUCT

A

all aspects of an applicants past conduct are subject to review. an applicants criminal conduct (conviction unnecessary) and other acts constituting moral torpitude like false statements or concealment of past conduct to admissions committee, are grounds for the denial of his application for admission to the bar. however, evidence of the applicants rehabilitation will be considered. an applicants mere membership in an organization such as the communist party w/o indication that he advocated the violent overthrow of govt is insufficient to show lack of moral character.

255
Q

CITIZENSHIP AND RESIDENCY- NOT VALID REQUIREMENTS

A

a requirement that an applicant be a US citizen or a citizen of a state in unconstitutional.

256
Q

MISCONDUCT after admission

A

a lawyer is subject to discipline not only for violating a disciplinary rule, but also for:
attempting to violate a disciplinary rule, assisting or inducing another person to violate a disciplinary rule, using the acts of another person to violate a disciplinary rule, engaing in criminal conduct that shows dishonesty, untrustworthiness, or unfitness to practice law, engaging in any conduct involving dishonesty, fraud, deceit, or misrepresentation, engaing in conduct thats predudicial to the administration of justice, stating or implying an ability to improperly influence a govt agency or official or to achieve results by means that violate the law or legal ethics rules, knowingly assisting a judge in conduct thats illegal or violates the CODE OF JUDICIAL CONDUCT.

257
Q

DUTY TO REPORT PROFESSIONAL MISCONDUCT

A

a lawyer is subject to discipline for failing to report a disciplinary violation committed by another lawyer. the ABA MODEL RULES limit that duty to disciplinary violations that raise a substantial question as to the other lawyers honesty, trustworthiness, or fitness as a lawyer. a lawyers obligation to report discipl viols by judges is the same as that concerning viols by lawyers. the duty to report doesnt apply to info thats protected by the ethical duty of confidentiality or info gained by a lawyer or judge while serving as a member of an approved lawyers assistance program designed to help lawyers and judges w substance abuse problems.

258
Q

DISCIPLINARY PROCESS

A

disciplinary proceedings against a lawyer begin when a complaint is filed w the state disciplinary authority. if the complaint is not dismissed, the lawyer is requested to respond to the charges, and the grievance committee will investigate the charges and may hold a hearing on the matter. there, the accused lawyer is entitled to procedural due process. if discipline is imposed, the lawyer is entitled to review of the decision by the states highest ct.

259
Q

CHOICE OF LAW IN DISCIPLINARY PROCEEDINGS

A

if a lawyers alleged misconduct is related to a proceeding thats pending b4 a tribunal, the ethics rules of the jurisdiction in which the tribunal sits will be applied, unless the tribunals rules provide otherwise. for any other conduct, the rules of the jurisdiction in which the conduct occured will apply, but if the predominant effect of the conduct is in some other jurisdiction, that ones will apply.

260
Q

EFFECT OF SANCTIONS IN OTHER JURISDICTIONS

A

majority view- sister states accept disciplinary action by one state as conclusive proof of a lawyers misconduct, but are free to impose their own sanctions.each federal ct makes an independent evaluation, accepting as competent evidence the lawyers discipline by a stte.

261
Q

DISABILITY PROCEEDINGS

A

most jurisdictions have proceedings for incapacitated lawyers, like those suffering from substance abuse, which result in the lawyers suspension from the practice of law. diversion into a rehabilitation program is common procedure used for possible reinstatement.

262
Q

UNAUTHORIZED PRACTICE BY LAWYER

A

lawyers subject to discipline for practicing in a jurisdiction w/o being licensed to do so.

263
Q

PERMISSIBLE TYPES OF TEMPORARY MULTI-JURISDICTIONAL PRACTICE-

A

if lawyers admitted to practice in one state, and is not disbarred or suspended form practice in any state, he may provide legal services in a second state on a temporary basis in 4 situations:

264
Q

ASSOCIATION WITH LOCAL LAWYER

A
  • lawyer may practice on a temp basis in a state in which hes not admitted if he associates a local lawyer who participates in the matter.
265
Q

SPECIAL PERMISSION TO PRACTICE IN LOCAL TRIBUNAL

A

if a lawyer wants to handle a matter in a jurisdiction in which hes not admitted, he may request special permission from that tribunal to appear “pro hac vice”, for purposes of this matter only.

266
Q

MEDIATION OR ARBITRATION ARISING OUT OF PRACTICE IN HOME STATE

A

a lawyer may engage in alternative dispute resolution, like mediation, arbitration, in a state in which hes not admitted to practice if his services arise out of his practice in the state in which hes admitted.

267
Q

OTHER PRACTICE ARISING OUT OF PRACTICE IN HOME STATE

A

a lawyer may temp practice in a state in which hes not admitted if his out-of-state practice is reasonably related to his home-state practice.

268
Q

PERMISSIBLE TYPES OF PERMANENT MULTI-JURISDICTIONAL PRACTICE

A

a lawyer whos admitted in one jurisdiction, and is not disbarred or suspended from practice in any jurisdiction, may open a law office and establish a practice in a diff jurisdiction if hes a salaried employee of his only client, like an in-house corporate lawyer, he may render legal services to the employer eventhough not admitted in the state, but to litigate that state he must seek admission pro hac vice, and also when the legal services are authorized by federal or local law.
a lawyer whos admitted in one jurisdiction, and is not disbarred or suspended from practice in any jurisdiction, may open a law office and establish a practice in a diff jurisdiction if hes a salaried employee of his only client, like an in-house corporate lawyer, he may render legal services to the employer eventhough not admitted in the state, but to litigate that state he must seek admission pro hac vice, and also when the legal services are authorized by federal or local law.

269
Q

CONSEQUENCES OF MULTI-JURISDICTIONAL PRACTICE

A

a lawyer whos admitted to practice in one state only, but who practices in another state as provided above will be subject to the disciplinary rules of both states.

270
Q

UNAUTHORIZED PRACTICE BY NONLAWYERS

A

a person not admitted to practice as a lawyer must not engage in the unauthorized practice of law. a lawyer is subject to discipline for assisting a nonlawyer to engage in the aunatuthorized practice of law.

271
Q

PRACTICE OF LAW

A

: involving legal knowledge and skill, which constitute advice concerning binding legal rights, or traditionally performed by lawyers, like settlement negotiations, drafting legal documents. its not unauthorized practice for a nonlawyer to appear before an agency that permits nonlawyer professionals, like accountants, to do so, or for a nonlawyer to fill in the blanks on legal forms, like real estate sales contracts. giving of tax law advice by a nonlawyer would probably constitute the unauthorized practice of law.

272
Q

CONSEQUENCES OF UNAUTHORIZED PRACTICE

A

a nonlawyer engaged in the unauthorized practice of law may be subject to injunction, contempt, and criminal prosecution. a lawyer who assists a nonlawyer in the unauthorized practice of law is subject to discipline.

273
Q

DELEGATING WORK TO NONLAWYER ASSISTANTS

A

a lawyer must supervise delegated work carefully and must be ultimately responsible for the results.

274
Q

TRAINING NONLAWYERS FOR LAW-RELATED WORK

A

a lawyer may advise and instruct nonlawyer whose employment requires a knowledge of the law.

275
Q

HELPING PERSONS APPEAR PRO SE

A

a lawyer may advise persons who wishes to appear on their own behalf in a legal matter.

276
Q

ASSISTING A SUSPENDED OR DISBARRED LAWYER

A

a lawyer who assist, like hires, a suspended or disbarred lawyer to do work that constitutes the practice of law is subject to discipline.

NY BAR REVIEW (123 decks)

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