NY BAR REVIEW PROFESSIONAL RESPONSIBILITY REVIEW Flashcards

Question

A lawyer shall act with reasonable

Answer 1

diligence and promptness in representing a client

Answer 2

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

Answer 3

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

Answer 4

an unreasonable fee or an unreasonable amount for expenses

Answer 5

(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.

Answer 6

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

Answer 7

in a matter in which a contingent fee is prohibited

Answer 8

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

Answer 9

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

Answer 10

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

Answer 11

(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

Answer 12

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

Answer 13

(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.

Answer 14

relating to the representation of a client

Answer 15

concurrent conflict of interest

Answer 16

(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

Answer 17

(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

Answer 18

(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.

Answer 19

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

Answer 20

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

Answer 21

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

Answer 22

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

Answer 23

a client in connection with pending or contemplated litigation

Answer 24

may be contingent on the outcome of the matter

Answer 25

court costs and expenses of litigation on behalf of the client

Answer 26

(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

Answer 27

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.

Answer 28

promptly notify the sender

Answer 29

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

Answer 30

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

Answer 31

(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.

Answer 32

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

Answer 33

all of them.

Answer 34

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.

Answer 35

(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.

Answer 36

(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.

Answer 37

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.

Answer 38

(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

Answer 39

(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.

Answer 40

(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.

Answer 41

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.

Answer 42

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

Answer 43

(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).

Answer 44

(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.

Answer 45

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.

Answer 46

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.

Answer 47

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.

Answer 48

(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.

Answer 49

subsequently representing that party

Answer 50

the organization acting through its duly authorized constituents.

Answer 51

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

Answer 52

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

Answer 53

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

Answer 54

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

Answer 55

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

Answer 56

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

Answer 57

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

Answer 58

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

Answer 59

maintain a normal client-lawyer relationship with the client.

Answer 60

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

Answer 61

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

Answer 62

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

Answer 63

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.

Answer 64

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

Answer 65

promptly notify the client or third person.

Answer 66

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

Answer 67

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.

Answer 68

(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.

Answer 69

(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.

Answer 70

terminating a representation.

Answer 71

good cause for terminating the representation.

Answer 72

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

Answer 73

(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.

Answer 74

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.

Answer 75

a prospective client.

Answer 76

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

Answer 77

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).

Answer 78

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

Answer 79

(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.

Answer 80

candid advice.

Answer 81

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

Answer 82

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

Answer 83

not provide the evaluation unless the client gives informed consent.

Answer 84

otherwise protected by Rule 1.6.

Answer 85

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.

Answer 86

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

Answer 87

the lawyer is not representing them.

Answer 88

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

Answer 89

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

Answer 90

candid advice.

Answer 91

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

Answer 92

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

Answer 93

not provide the evaluation unless the client gives informed consent.

Answer 94

otherwise protected by Rule 1.6.

Answer 95

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.

Answer 96

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

Answer 97

the lawyer is not representing them.

Answer 98

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

Answer 99

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

Answer 100

Require that every element of the case be established.

Answer 101

litigation consistent with the interests of the client.

Answer 102

(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.

Answer 103

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

Answer 104

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

Answer 105

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

Answer 106

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.

Answer 107

make reasonable efforts to correct the misunderstanding.

Answer 108

the lawyer is disinterested.

Answer 109

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

Answer 110

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

Answer 111

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

Answer 112

remedy the conviction.

Answer 113

(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.

Answer 114

(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.

Answer 115

(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:

Answer 116

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

Answer 117

(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.

Answer 118

make a statement prohibited

Answer 119

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.

Answer 120

(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.

Answer 121

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.

Answer 122

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;

Answer 123

(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.

Answer 124

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

Answer 125

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.

Answer 126

the other lawyer conforms to the Rules of Professional Conduct.

Answer 127

(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.

Answer 128

(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.

Answer 129

(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;

Answer 130

(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

Answer 131

(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.

Answer 132

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

Answer 133

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

Answer 134

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

Answer 135

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

Answer 136

(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

Answer 137

(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.

Answer 138

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

Answer 139

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.

Answer 140

(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

Answer 141

(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.

Answer 142

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

Answer 143

those unable to pay

Answer 144

(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.

Answer 145

(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

Answer 146

(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.

Answer 147

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.

Answer 148

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.

Answer 149

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.

Answer 150

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.

Answer 151

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.

Answer 152

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.

Answer 153

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.

Answer 154

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.

Answer 155

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.

Answer 156

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.

Answer 157

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.

Answer 158

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.

Answer 159

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.

Answer 160

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.

Answer 161

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.

Answer 162

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.

Answer 163

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.

Answer 164

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.

Answer 165

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.

Answer 166

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.

Answer 167

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

Answer 168

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.

Answer 169

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

Answer 170

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.

Answer 171

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

Answer 172

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.

Answer 173

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.

Answer 174

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.

Answer 175

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.

Answer 176

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.

Answer 177

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.

Answer 178

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.

Answer 179

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.

Answer 180

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.

Answer 181

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.

Answer 182

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.

Answer 183

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.

Answer 184

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

Answer 185

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.

Answer 186

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.

Answer 187

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.

Answer 188

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.

Answer 189

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.

Answer 190

(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.

Answer 191

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

Answer 192

written, recorded or electronic communication, including public media.

Answer 193

(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.

Answer 194

at least one lawyer or law firm responsible for its content

Answer 195

(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.

Answer 196

"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).

Answer 197

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.

Answer 198

(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.

Answer 199

(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

Answer 200

(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.

Answer 201

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

Answer 202

(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.

Answer 203

(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.

Answer 204

(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.

Answer 205

(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.

Answer 206

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.

Answer 207

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

Answer 208

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.

Answer 209

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.

Answer 210

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.

Answer 211

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.

Answer 212

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

Answer 213

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

Answer 214

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.

Answer 215

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.

Answer 216

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.

Answer 217

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

Answer 218

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

Answer 219

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.

Answer 220

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.

Answer 221

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.

Answer 222

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

Answer 223

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.

Answer 224

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

Answer 225

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.

Answer 226

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.

Answer 227

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.

Answer 228

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.

Answer 229

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

Answer 230

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.

Answer 231

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.

Answer 232

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.

Answer 233

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.

Answer 234

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.

Answer 235

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.

Answer 236

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

Answer 237

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:

Answer 238

- 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.

Answer 239

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.

Answer 240

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.

Answer 241

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.

Answer 242

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.

Answer 243

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.

Answer 244

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.

Answer 245

: 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.

Answer 246

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.

Answer 247

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

Answer 248

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

Answer 249

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

Answer 250

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