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Professional Responsibility > Ohio PR > Flashcards

Ohio PR Flashcards

Learn professional resporsabilty, gourdzingit!

1
Q

Requirements for practicing law in Ohio

A
  1. B.A.

2. J.D. or LLB from ABA accredited school or foreign school supported by OH Supreme Court

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2
Q

Three types of discipline

A
  1. Public reprimand
  2. Definite/indefinite (2+ years) suspension
  3. Disbarment
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3
Q

8 General Prohibitions in Ohio

A
  1. Violate/attempt to violate OH RPC
  2. Commit illegal act that reflects negatively on lawyer’s honesty, trustworthiness, or fitness to become a lawyer
  3. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation
  4. Engage in conduct prejudicial to the administration of justice
  5. State or imply ability to influence a public official
  6. Knowingly assist a judge or judicial officer to violate OH rules other law
  7. Engage in illegal discrimination
  8. “Other conduct” that adversely affects practice ability
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4
Q

Duty when you KNOW of a violation?

A
  1. Report what you know

2. Be available to testify

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5
Q

How to temporarily practice law in a different jd?

A

CRAP

  1. Corporate counsel: Clients involved in multi-state business
  2. Reasonably related to home state practice
  3. Associate with local active lawyer
  4. Pro hac vice
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6
Q

What is the “practice” of law

A

Everything that requires a license

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7
Q

Things you can do without a law license?

A

Interview people (NOT depos)

Fill-in form documents

Draft legal memos

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8
Q

What are the client’s decisions

A

All that affect the MERITS of the case

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9
Q

What are the attorney’s decisions

A

Strategy, procedure, tactics

*Client can veto because of cost

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10
Q

What to do when client lacks ability to make a clear decision?

A
  1. Get guardian

2. Involved client as much as possible still

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11
Q

What does competence include

A
  1. Physical/mental ability
  2. Legal knowledge
  3. Time
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12
Q

Advice from incompetent lawyer to client?

A
  1. Get another lawyer
  2. Let me hire co-counsel
  3. Give me time to learn it
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13
Q

Giving advice to pro ses?

A

It’s OK.

But rule: only lawyers can practice law

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14
Q

Noncompetes

A

Not allowed unless:

  1. Condition of retirement or
  2. Condition of settling a claim or controversy

**Does not apply to the sale of a law practice

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15
Q

Selling a law practice

A
  1. Can include reasonable noncompete
  2. Entire practice must be sold
  3. Cannot increase client fees
  4. Written notice to each client – hand deliver or certified mail – explains right to find no lawyer
  5. Client consent assumed after 90 days
  6. No flipping law practices
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16
Q

Rules for firm names?

A
  1. No trade names in Ohio
  2. Name stays if temporary sanction
  3. Name goes if permanently disbarred
  4. Keep name if dead
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17
Q

Areas of legal specialization?

A
  1. Patent
  2. Trademark
  3. Admiralty

**Other specialties only OK if approved by Ohio Sup. Ct. Comm’n on Certification of Attys as Specialists.

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18
Q

Advertising your firm

A
  1. Communications must be true and not misleading
  2. Cannot create unjustified expectations
  3. No comparisons unless factually verifiable
  4. Ad must include name of 1+ atty responsible for ad
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19
Q

Contingent fees

A
  1. Must be clearly stated

2. Clarify what costs client must still pay

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20
Q

Targeted mail advertising

A

Fine, but “ADVERTISING MATERIAL/ONLY” must appear at beginning and end of materials

Exception for family, relatives

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21
Q

Solicitation of Clients

A

**No direct personal contact

No solicitation if client refuses or involves coercion or harassment

But OK if:

  1. Former client
  2. Lawyers, family members, close personal relps
22
Q

Forming Attorney Client Relationship

A
  1. Client manifests intent there is representation lawyer agrees
  2. OR lawyer fails to make it clear there is no relationship and knows or should know client reasonably relies
23
Q

Exception to Attorney-Client Privilege

A
  1. Required by law, court order, or ethics
  2. Consent
  3. Implied authority in order to carry out representation
  4. Prevent death or substantial bodily injury
  5. Prevent or rectify substantial financial loss
  6. Collect a fee or respond to charges of discipline
  7. To get advice to comply with legal ethics rules
24
Q

Client Property

A

Keep in a bonded warehouse

25
Q

Conflicts of Interest

A

Refuse to accept or continue representation!!

Exceptions:
- All clients have given informed consent AND reasonably prudent lawyer would have taken

  • Sex OK if you are doing it prior to representation
26
Q

Lawyer as Witness

A

Lawyer can’t be necessary witness for client

Exceptions:

  1. Ministerial
  2. Testifying about legal fees
27
Q

Wills

A

Cannot write a will for people to leave you stuff

28
Q

Lending Money to Clients

A

No.

Only exception is filing fees.

29
Q

Third Party Payment

A

OK.

But remember who the client is and follow their wishes.

30
Q

Client Suing You for Malpractice

A

Cannot get client to agree not to sue you.

Exception: when you take a case you’re not competent to handle, but need another lawyer to draft the agreement

31
Q

Lawsuits Between Current and Former Clients

A

Can represent current client against former client UNLESS

  1. Current sues former for a matter you represented former or
  2. In former representation, you learned confidential info relevant to current
32
Q

Representing Corporation/Partnership

A
  1. Lawyer represents the ENTITY, not the individuals or directors involved
  2. Lawyer can be a director of the company, but no att-cl privilege in board meetings
  3. Duty to report up to CEO … may report outside
33
Q

Accidentally Sending Documents

A

Promptly notify recipient

34
Q

Factors for Reasonable Fees

A

Short answer: Everything

  1. Time and labor
  2. Novelty and difficulty of question
  3. Skill needed
  4. Customary fee in locality
  5. Experience, ability, and reputation of atty
  6. Interference with atty’s other employment
  7. Time to do project
35
Q

Contingent Fees

A
  1. NOT in criminal cases

2. NOT in domestic relations cases

36
Q

Diving Fees with Non-Lawyers

A

DO NOT do this.

Exceptions:

  1. Salaries, retirement plans, bonuses, profit sharing…
  2. Survivors of deceased partners to pay the fees earned by dead partner
37
Q

Dividing Fees with Lawyer in Another Firm (Referral Fees)

A

OK if:

  1. Total fee is reasonable
  2. Client is advised
  3. Client does not object
38
Q

Retainers

A

Two kinds:

  1. Advance on fees
  2. Availability retainer
39
Q

Accounts

A

Two kinds. DO NOT MIX:

  1. Operating account – your $
  2. IOLTA – client trust. Their $.
40
Q

Rules for IOLTA Accounts

A
  1. Have one.
  2. Keep records of its use
  3. Do not commingle
  4. Account must be in institution authorized to do business in OH
  5. Sweep out interest and pay to Ohio Legal Assistant Foundation
41
Q

Record Keeping for IOLTAs

A
  1. Keep for 7 years after termination of case
  2. Keep copy of fee agreement, bank records…
  3. Perform monthly reconciliations
42
Q

Ex Parte Communication

A
  1. Judge – De minimis and emergency only.
  2. Jury – NOTHING. Except selection, opening, close.
  3. DO NOT talk to adversary party (unless pro se)
43
Q

Adverse Authority

A

Affirmative duty to raise bad cases in your jurisdiction

44
Q

When MUST attorney withdraw from representation

A
  1. It will violate Rules or law
  2. Physical or mental condition is MATERIALLY IMPAIRED
  3. You’re fired
45
Q

When MAY attorney withdraw from representation

A

Pretty much any reason at all.

  1. Client has used lawyer to commit crime or fraud

2 Client’s objective disgusts lawyers

  1. Client fails to substantially fulfill obligation to a lawyer
  2. Representation results in unreasonable financial burden
  3. Other “good cause”
46
Q

Trial Publicity

A

Lawyer connected to case cannot make public statement that might MATERIALLY PREJUDICE case

47
Q

Special Prosecutor Duties

A
  1. Proceed only on probable cause
  2. Disclose evidence tending to negate guilt
  3. Do not subpoena a lawyer in a criminal proceeding unless no alternative
48
Q

Appointments

A

Do not avoid court appointments unless:

  1. Taking case would violate rules
  2. Presents unreasonable financial burden
49
Q

Reporting Misconduct of Lawyers

A

If lawyer has knowledge of possible misconduct, SQUEAL!!

50
Q

Pro bono work

A
  1. Do free/free-reduced work
  2. Give money to organizations that do pro bono
  3. Do things that improve the profession

Professional Responsibility (1 decks)

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