Part 3: Advanced Legal Ethics Flashcards
T/F: Contingent fees are limited to personal injury litigation cases.
False
T/F: A lawyer may charge a contingent fee in a divorce case based on the amount of the property settlement.
False
T/F: If conflicts of interest arise during litigation, a lawyer may not move to disqualify opposing counsel.
False
T/F: A law firm may not raise or lower a base hourly rate based on the success of negotiations.
False
T/F: A lawyer cannot represent a new client in a matter adverse to a former client if it results in a breach of loyalty to the former client.
True
Review Model Rules of Prof’l Conduct (2018), R. 1.5(a)(4); R. 1.6, Comment 18; 1.7, R. 1.8(f), R. 1.9(c);
T/F: A lawyer may discuss the case with a lawyer or partner in his firm without consent of the client.
True
Review Model Rules of Prof’l Conduct (2018), R. 1.5(b); R. 1.6, Comment 5; R. 6.2; R. 8.4(f)
T/F: All legal matters require fee agreements which must state in writing the manner in which the fee is determined.
False
T/F: A client must be promptly notified when a lawyer receives securities, funds, or other property belonging to the client.
True
Review Model Rules of Prof’l Conduct (2018), R. 1.15; R. 3.1; R. 3.3
T/F: Any interest earned on client funds in a lawyer’s trust account may be applied to bank charges for said trust account.
False
T/F: A lawyer may associate a lawyer from another firm after full disclosure to the client of fee arrangements, responsibilities assumed by each lawyer, and obtaining client consent.
True
Review Model Rules of Prof’l Conduct (2018), R. 1.5(e) 2; R. 5.4(a) 1
T/F: Under the Model Code of Professional Conduct, lawyers may be disciplined in a court of competent jurisdiction
False
T/F: Under the Model Rules of Professional Conduct, rules of ethics may be enforceable through the state bar grievance commission.
False
T/F: Under the Model Rules of Professional Conduct, rules of ethics may be enforceable through disciplinary procedures.
True
Review Model Rules of Prof’l Conduct (2018), R. 8.4; R. 8.5
T/F: A lawyer may communicate with an opposing party if the party is not represented by counsel.
True
Review Model Rules of Prof’l Conduct (2018), R. 4.2; R. 4.3
T/F: A lawyer may communicate with an opposing party whenever necessary.
False
T/F: A lawyer may communicate with an opposing party when requested by the client.
False
T/F: A lawyer cannot represent himself in a malpractice action.
False
T/F: Individuals in a class action lawsuit cannot represent themselves.
False
T/F: While an individual may represent himself pro se, a corporation cannot.
True
Review Model Rules of Prof’l Conduct (2018), R. 1.13; R. 5.5
T/F: Funds advanced for costs and expenses must not be commingled with the funds of the lawyer.
False
T/F: Funds of clients paid to a lawyer can be deposited in any account of the lawyer.
False
T/F: A lawyer is required to maintain a minimum of two bank accounts.
True
Review Model Rules of Prof’l Conduct (2018), R. 1.15
T/F: The clandestine relationship between a lawyer and client demands the lawyer not reveal a client’s confidences.
False
Confidentiality responsibility, not clandestine relationship
T/F: A lawyer’s assistant should not seek out information from fellow employees in the office about a case the lawyer’s assistant is not assisting in or involved with.
True
T/F: The ABA’s Model Code of Professional Responsibility was introduced in ___________.
1969
Review AMLP 14, § 2.2.1, pg. 10
T/F: A judge may order a lawyer to continue to represent a client even if good cause for termination exists.
True
Review Model Rules of Prof’l Conduct (2018), R. 1.16(c);
T/F: A lawyer may be subject to disqualification from further representation of a client, be held liable for damages to the client, and be subject to disciplinary proceedings if the lawyer is found to be involved in a conflict of interest.
True
Review Model Rules of Prof’l Conduct (2018), R. 1.16(c)
T/F: A lawyer may assert frivolous positions, claims, defenses, or motions at the request of his client.
False
T/F: If a third party pays a client’s fees to the lawyer, then the lawyer’s obligations are no longer to his client, but to the person who paid the legal fees.
False
T/F: If a lawyer receives a huge settlement in a civil case, he may share that with nonlawyers in the firm.
False
David Minor, a lawyer, is serving as a special mediator in a child custody case between Chad Brock and Susan Brock. The parties have submitted briefs that have been read by Lawyer Minor. Lawyer Minor learns that his partner, Jim Nader, represented Susan Smith Brock during her divorce from John Smith.
Lawyer Minor should withdraw as special mediator.
Review Model Rules of Prof’l Conduct (2018), R. 1.9; R. 1.12; R. 1.18
Instead of:
- Disclose to the Brocks the past relationship of his firm and continue the mediation process.
- Asking Lawyer Nader if he sees any problem with Lawyer Minor serving as mediator in the matter.
Everett Reed, Esq., has been a plaintiff’s personal injury lawyer for ten years. His assistant, Jane Claussen, has served as his receptionist, assistant, and friend. On Thursday, Lawyer Reed dictated a motion for judgment before he left for depositions on the other side of town. He indicated that the motion was due in court by 5 p.m. on Friday, but he would be back in time to sign the motion for filing. On Friday at 4 p.m., Lawyer Reed called and said his depositions were still continuing. He told Jane to sign the motion for him and file same in court. Given the scenario, which of the following is the best course of action for Jane?
Jane should call an Uber and take the motion to Lawyer Reed for his signature and file it in court.
Review Model Rules of Prof’l Conduct (2018), R. 5.5;
Instead of:
- calling the court and explain that Lawyer Reed has been in a car accident and request that they stay open until 6 p.m.
- signing and file the pleading.
Susan Roberts hired Lawyer Noble to represent her interests in a dispute with her neighbor. For reasons mutually agreed upon by Ms. Roberts, Lawyer Noble withdraws from representation. Ms. Roberts paid a $1,000 retainer to commence the lawsuit and now owes an additional $150. At this point in time, what should Lawyer Noble do?
Return the documents promptly to Ms. Roberts.
Review Model Rules of Prof’l Conduct (2018), R. 1.15; R. 1.16
Instead of:
- Destroying the documents because Ms. Roberts’ has not paid her bill.
- Holding the documents until Ms. Roberts’ new lawyer agrees to pay the outstanding bill.
The receptionist scheduled an appointment at 3 p.m. for Lawyer Ruby and his paralegal to meet with a potential client. Lawyer Ruby has never met nor talked with Mae Client, who was referred by a former college classmate of Lawyer Ruby’s. Mae Client arrives at 1:30 p.m., but Lawyer Ruby is still out of the office in a deposition. Mae Client is insisting that either the paralegal conduct the interview without Lawyer Ruby or give him directions to the office where Lawyer Ruby is taking the deposition. What should the paralegal do?
Inform Mae Client that she is not a lawyer, decline to do the interview, schedule a new appointment, and provide Mae Client with an initial interview form for her review prior to the new appointment.
Review Model Rules of Prof’l Conduct (2018), R. 1.18; R. 4.3; R. 5.3; R. 5.5
Instead of:
- Conduct the initial interview, prepare and sign the retention letter, and provide Mae Client with a fee agreement for review.
- Give Mae Client an interview form and provide directions to the office where Lawyer Ruby is in deposition.
Lawyer Jones went out of town and left Susie Cue, his paralegal, a voice mail message asking her to contact Mrs. Accident-prone, who was a victim of a slip and fall incident at Youbuy Department Store (a client of Lawyer Jones) and schedule an appointment to discuss settlement and release of all claims against Youbuy Department Store. Susie Cue opened Lawyer Jones’ mail in his absence and found a letter from a lawyer giving notice of his representation of Mrs. Accident-prone in the slip and fall incident at Youbuy Department Store. How should Susie Cue handle this matter?
Inform Lawyer Jones of the letter from Mrs. Accident-prone’s lawyer.
Review Model Rules of Prof’l Conduct, R. 4.2
Instead of:
- Contact Mrs. Accident-prone to set up a meeting and tell her she can invite her lawyer.
- Contact Mrs. Accident-prone’s lawyer and inform him that Lawyer Jones is going to settle claims with Mrs. Accident-prone.
Recently, Jane was hired as a litigation paralegal for a new partner in a small firm. She has been reviewing the files assigned to her lawyer to help her become more familiar with the facts of the cases. While doing so, she notices several files have had no activity in several months, despite requests from the clients and opposing counsel. What should Jane do to correct this situation?
After reviewing the facts of each case, she should draft a letter to the client or opposing counsel in response to the requests and place it on the lawyer’s desk.
Review Model Rules of Prof’l Conduct (2018), R. 1.3; R. 1.4, R. 1.5
Instead of:
- call the clients, make certain they are okay, and then do nothing else until the lawyer reviews the files.
- implement a diary system with a bimonthly reminder.
Which Model Rules details and/or includes the lawyer’s role as an advisor?
Model Rules 2.1 through 2.4
Review AMLP, 14, § 2.2.3, pg. 11
Which Model Rules details and/or includes meritorious claims and contentions?
Model Rules 3.1 through 3.9.
Review AMLP, 14, § 2.2.3; pg. 11
Which Model Rules details and/or includes pro bono work?
Model Rules 6.1 through 6.5.
Review AMLP, 14, § 2.2.3; pg. 11
Which Model Rules details and/or includes the commission of misconduct by an attorney?
Model Rules 8.1 through 8.5.
Review AMLP, 14, § 2.2.3; pg. 11
Which Model Rules details and/or includes the solicitation of clients?
Model Rules 7.1 through 7.6
Review AMLP, 14, § 2.2.3; pg. 11
Theme of supreme court case: Marbury v. Madison (1803)
judicial review which gives federal courts the authority to overturn acts of Congress
Plessy v. Ferguson (1896) [Theme of supreme court case:]
“separate but equal” precedent. The Supreme Court ruled the Louisiana segregation laws unconstitutional for being unequal.
Weeks v. United States (1914) [Theme of supreme court case:]
“unreasonable search and seizure”. Decision led to the Exclusionary Rule which prevented evidence seized as a violation of the Constitution from being admitted in trial.
Brown v. Board of Ed. Topeka Kansas (1954) [Theme of supreme court case:]
“overturned Plessy v. Ferguson separate but equal” Supreme Court ruled that the Brown family could attend closer white school.
Engle v Vitale (1962) [Theme of supreme court case:]
“prayer in school as unconstitutional” upheld
Abington v Schempp (1963) [Theme of supreme court case:]
“prayer/bible study in school as unconstitutional” upheld
Gideon v Wainwright (1963) [Theme of supreme court case:]
“right to public defender” regardless of crime
Miranda v Arizona (1966) [Theme of supreme court case:]
“Miranda rights”
Epperson v. Arkansas (1968) [Theme of supreme court case:]
“Can’t remove evolution curriculum due to religion”
Roe v. Wade (1973) [Theme of supreme court case:]
“legal to receive abortions” laws prohibiting abortion were a violation of a woman’s right to privacy.
Betterman v. Montana (2016) [Theme of supreme court case:]
“speedy trial” is less important than gathering evidence.
Loving v. Virginia (1967)
“Interracial couples” cannot be restricted by the state.
Obergefell v. Hodges
same sex marriages legal on the federal level
Amendment #: Rights to Religion, Speech, Press, Assembly, Petition
1st
Amendment #: Right to Bear Arms
2nd
Amendment #: Quartering of Soldiers
3rd
Amendment #: Freedom from unreasonable Search and Seizure
4th
Amendment #: Right to due process of law, freedom from self-incrimination, double jeopardy.
5th
Amendment #: Criminal Prosecutions - Jury Trial, Right to Confront and to Counsel
6th
Amendment #: Common Law Suits (Civil) - Jury Trial (above $20)
7th
Amendment #: Protections against Excessive Bail, Cruel and Unusual Punishment
8th
Amendment #: Non-Enumerated Rights (Other rights of the people )
9th
Amendment #: Powers reserved to the states or people.
10th
Amendment #: Revises presidential election procedures by having the president and vice president elected together as opposed to the vice president being the runner up in the presidential election
12th
Amendment #: Abolishes slavery
13th
Amendment #: Voting rights based on race, color or previous condition of servitude
15th
Amendment #: Women’s right to vote
19th
Amendment #: Repeal of 18th Amendment (Prohibition)
21st
Amendment #: Abolition of Poll Tax Requirement in Federal Elections
24th
Amendment #: Right to Vote at Age 18
26th
