PC Flashcards
1
Q
ERRANT PLANS
A
Reasonability of fees
- Experience
- Reputation
- Results
- Ability
- Novelty/difficulty
- Time and labor
- Precluded from other work
- Limits on rep
- Amounts involved
- Normal fees
- Skill required
2
Q
Duty of confidentiality
A
Wider range of situations than A/C privilege
Exceptions:
- Client gives consent
- implied authorization - necessary to carry out rep
- mandatory disclosures (death, future crime, bodily harm)
-
permissive dislcosure
- client’s best interest
- A/C disputes
- compliance w/ RPC
- Conflicts of interest when lawyer changes firms/etc. (only if would not compromise A/C privilege or prejudice client)
3
Q
Contingency fees
A
Recovery before answer/demand
- less than $1mm - 33.3%
- $1-2mm - 30%
- Over $2mm - 20%
Recovery after answer/demand
- less than $1mm - 40%
- $1-2mm - 30%
- over $2mm - 20%
Trial solely on damages
- up to $1mm - 33.3%
- $1-2mm - 20%
- over $2mm - 15%
4
Q
Contingency fees - Med malpractice
A
- At least 75% of first $250k of all damages receivd (excl. reasonable & customary costs)
- 90% of all damages above $250k (excl. of same costs)
5
Q
DRTH (of character)
A
Requires for character
- Diligence
- Reliability
- Trustworthiness
- Honesty
6
Q
Mandator withdrawal
A
- Continuing rep will result in violation of law or RPC
- A’s physical/mental impairment (materially impairs)
- Discharged by C
- C persists in criminal/fraudulent course of action
- A’s services used to conduct crime/fraud
7
Q
A/C privilege
A
- Testimonial privilege
- applies to confidential communication for purpose of giving legal advice
- only client can waive
- lasts indefinitely
Exceptions: future crime/fraud, disputes between A and C
8
Q
Permissive withdrawal
(Withdrawal Caused by Unreasonable Repugnant MAE)
A
- nonpayment of fees after warned about withdrawal
- Unreasonable financial burden on A, or unreasonably difficult to rep C
- C wants course of action that A finds repugnant, imprudent, or fundamentally disagrees with
- No material adverse effect on C
- other good cause
9
Q
Fee sharing
ESPN-B
A
- Estates (work done pre-death)
- Sale of practice (dead/disabled lawyer)
- pensions
- non-profit/pro bono legal services (court awarded fees)
- bonuses (to firm staff)
10
Q
Special duties of prosecutor
A
- Can’t knowingly prosecute w/o PC
- can’t seek waiver of important pretrial rights from unrepresented accused
- Brady disclosures (Timely - info re: negation of guilt/mitigation of defense)
- Sentencing - disclose to defense/court unprotected mitigating info (unless under protective order)
11
Q
Client trust accounts
A
- client funds
- client property
- 3P property
- 2+ people have interest (settlements)
- fee disputed funds
- advances (fees, costs, expenses)
IOTA - interest on short term funds from clients/3Ps must go to IOTA account –> payable to FL bar foundation
12
Q
Duties to tribunal
A
- Correct false statements of material fact
- must correct false evidence
- Must refuse to offer false evidence
- may refuse to offer evidence reasonably believed to be false
- disclose controlling legal authority adverse to C’s position
- C can’t testify falsely
- reasonably try to correct false testimony
- provide material facts in ex parte proceedings
13
Q
Requirements for admission
CAKE
A
- Character - good moral character
- Age - over 18
- Knowledge - pass bar exam
- Education (JD from accredited law school)
14
Q
Non-lawyers
A
Non-lawyer can’t:
- own any interest (exception: wrapping up estate of deceased lawyer);
- be corporate director, officer, etc.
- direct/control lawyer’s professional judgment; or
- share fees
15
Q
Communication w/ clients
A
Obligated to:
- keep client reasonably informed
- promply reply to requests for info
- convey all settlement matters promptly
