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Professional Responsibility > PR > Flashcards

PR Flashcards

1
Q

Conflict of Interest

A

A lawyer must not represent a client if the representation of that client will be directly adverse to another client unless:

  1. the lawyer reasonably believes that representation will not adversely affect the relationship with the other client, and
  2. Each client consents after consultation (waiver)
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2
Q

Lawyer Switching Firms

A

Lawyer cannot knowingly represent a person in the seame or a substantially related matter in which a firm with which the lawyer was formerly associated had previously represented a client whose interests are materially adverse to that person, and whom the lawyer had acquired material and confidential infor related to the matter, unless the former client consents to the representation.

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3
Q

Lawsuits between current and former clients

A
  • You may represent a current client in an action against a former client EXCEPT:
    1. When your current client wants to sue your former client involving a matter or transaction in which you represented the former client, OR
    2. When during representation of the former client you learned confidential information that is now relevant to the action by the current client.

***If two matters are substantially related there is an irrebuttable presumption that such knowledge was acquired

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4
Q

Steps to take to Obtain Consent

A
  1. Explain the conflict
  2. Explain potential consequences
  3. Give client time to think about it and opportunity to consult independent counsel
    * **After taking these steps must decide whether a reasonably prudent lawyer would take case
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5
Q

Unwaivable Conflicts

A
  1. Those prohibited by law
  2. Lawyer is unlikely to be able to provide adequate representation
  3. Current Clients in the same or substantially related proceeding

**Always a conflict to represent current client v. current client (ex. uncontested divorce)

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6
Q

Duty of Attorney Drafting a Will

A
  • In Ga will owe duty to testator but may also owe duty to beneficiaries.
  • Possible in GA for beneficiaries to sue for malpractice
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7
Q

Duty of Lawyer Handling Wrongful Death Case

A
  • Owes a fiduciary duty to the statutory beneficiaries to ensure that their interests are protected
  • Even if the are not clients
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8
Q

Two Opposing Lawyers Related

A
  • Conflict not imputed to firm

- Lawyers must disclose and get consent

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9
Q

Contingent Fees

A
  1. Must be in writing
  2. Must include the method by which they are determined
    * ***No contingent in domestic or criminal cases
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10
Q

Fee Division With Another Lawyer

A

Only if:

  1. The fee division is proportionate to the work
  2. The client is advised and agrees
  3. The total fee is reasonable
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11
Q

General Duties of GA Lawyer

A
  1. uphold the integrity of the profession and its members
  2. report misconduct of lawyers
  3. Assist the under-represented and poor through pro bono work
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12
Q

SOL for Attorney Discipline

A
  • Generally, disciplinary proceedings must be brought within 4 years from the wrongful act or omission.
  • In most cases, the statute of limitations on legal malpractice claims is also 4 years.
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13
Q

Giving Legal Advice to Friend

A

A lawyer may advise a nonclient on non-substantive matters without being subjected to disciplinary liability. However, the lawyer may still be subject to malpractice claims.

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14
Q

Non-Compete Agreements

A
  • A lawyer may not enter into a non-compete agreement or provision with his current partners or associates.
  • Clients have absolute right to attorney of their choice
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15
Q

Selling a Practice

A

The lawyer must:

  1. Sell the practice in its entirety to another lawyer/firm;
  2. Give written notice to the effected clients.
  • Fees may NOT be increased as a result of the sale.
  • Consent presumed after 90 days of no response
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16
Q

Advertising

A

Lawyers may advertise through all types of media so long as there is no in-person solicitation, and the communications are not misleading.
(Test is whether layperson would find the ads misleading)

*GA requires attorneys keep a copy of their advertisements for 2 years.

17
Q

Rule of Imputation

A

You cannot use others to do what you yourself cannot do. You can only impute those with whom you have a special relationship. For instance, you cannot impute to one who would not be vicariously liable for your torts.

18
Q

Declining Appointments

A

A lawyer can only decline an appointment if:

  1. the representation is likely to result in the violation of one of the rules of professional conduct;
  2. the client insists on pursuing an objective that is repugnant;
  3. other good cause - CAN include financial burden
19
Q

Competence Includes

A
  1. Requisite legal knowledge and skill
  2. Physical and mental ability
  3. Requisite time and resources
20
Q

Action to take if client loses ability to make clear decisions

A

Seek the appt. of guardian ad litem

21
Q

Confidentiality

A

You, as a lawyer, cannot disclose any adverse information about a client NO matter the source.

*Broader than the atty-client privilege

22
Q

When may lawyer reveal client confidences?

A

An attorney MAY reveal when:

  1. to avoid or prevent harm or substantial finacial loss to another as a result of criminal conduct
  2. To prevent serious injury or death
  3. To establish defense if being sued
  4. Client’s consent
23
Q

What do you do if client want to commit perjury?

A

Can’t breach duty of confidentiality

  1. Try to convince client not to do it
  2. But must withdraw if client does not change mind
24
Q

When MUST an attorney withdraw?

A
  1. When rep. is a violation of the rules
  2. If he is fired
  3. If a conflict arises
25
Q

When MAY an attorney withdraw?

A
  1. When the client pursues a repugnant or imprudent objective, or
  2. When client fails to fulfill an obligation (Doesn’t pay his bills)
26
Q

Lending money to clients

A
  • Not allowed, even de minimus loans

- Does not include litigation expenses

27
Q

Termination of Relationship

A

Can’t do so in a manner that causes prejudice or a detriment to client. You must:

  1. Provide adequate notice
  2. Return file and work product to client
  3. Clarify the relationship has ended
28
Q

Contacting Member of an Organization

A

An attorney must seek a corporate counsel’s consent to communicate with a person:

(i) whose conduct may be imputed to the organization; or
(ii) who has present managerial responsibility for the organization; or
(iii) whose statements may constitute an admission by the organization.

29
Q

If lawyer communicates with a 3rd Party Not Represented by Counsel he cannot

A
  1. State or imply he is disinterested
  2. Give advice other than to secure counsel
  3. Initiate contact with a potentially adverse party in a personal injury or wrongful death case unless the injury or death occurred more than 30 days prior to contact
30
Q

Ex Parte Communications by Judges

A

Must generally refrain, ok if:

  1. Expressly authorized by law
  2. Acting as mediator in settlement negotiation
  3. Emergency matter (TRO)
  4. Scheduling administrative mater
31
Q

When can judge not hear case

A
  1. Personal knowledge that would cause impartiality
  2. Has prior involvement
  3. Economic interest
  4. Where a relative plays substantial role in case
  5. Personal bias or prejudice that would effect impartiality
32
Q

“Practice of Law” Includes

A
  • Representing litigants and preparing legal pleadings
  • Conveyancing
  • Preparing all legal instruments
  • Securing Rights
  • Giving any legal advice or taking legal action on behalf of another

Professional Responsibility (1 decks)

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