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PR Flashcards

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1
Q

Like trustees, lawyers owe their clients fiduciary duties of

A

scrupulous good faith, candor, and care in the management of the beneficiary’s interests.

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2
Q

the lawyer’s duty of loyalty to clients is the

A

bedrock of the attorney-client relationship.

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3
Q

As a general matter, a conflict of interest exists when

A

a lawyer’s “representation of a client will be materially limited by the lawyer’s … personal interests.” Va. Rule 1.7(a)(2).

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4
Q

A lawyer must not represent a client if the representation may be materially limited by the lawyer’s own interests, unless:

A

(1) the lawyer reasonably believes that he or she will be able to provide competent and diligent representation to the affected client; (2) the representation is not prohibited by law; and (3) the affected client gives consent after consultation.

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5
Q

A lawyer is prohibited from drafting a document that makes a substantial gift to

A

the lawyer or the lawyer’s close relatives. This restriction does not apply when the donee is related to the donor. Va. Rule 1.8(c).

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6
Q

A statement must be both

A

false and material for it to subject the lawyer to discipline.

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6
Q

Lawyers are prohibited from making statements that are fraudulent or remaining silent when

A

the statement or silence would amount to fraud under applicable tort principles.

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7
Q

As a general rule, a lawyer is not civilly liable for wrongful or negligent lawyering activity to those

A

outside the lawyer-client relationship.

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8
Q

when a lawyer’s work for a client is intended to benefit a third person, the lawyer owes a duty of care to

A

that third person.

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9
Q

A lawyer may not communicate with an opposing party who is represented by counsel without counsel’s consent when

A

the communication concerns a subject for which the lawyer is representing a client.

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10
Q

If the opposing party is an organization, the prohibition on communicating applies to employees who

A

supervise, direct, or regularly consult with the organization’s lawyer regarding the subject matter of the representation.

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11
Q

prohibition on communication with opposing party corporation does not apply to individuals who are

A

former employees or agents of the organization.

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12
Q

although a lawyer is not prohibited from communicating with unrepresented persons who are involved in a client’s matter, a lawyer is under an affirmative obligation to refrain from

A

stating or implying that the lawyer is disinterested in the matter about which the lawyer is communicating.

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13
Q

Under the Virginia Rules of Professional Conduct, a lawyer owes a duty of confidentiality to a client that generally prohibits

A

the disclosure of information communicated in confidence to the lawyer.

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14
Q

when a lawyer knows that a client has committed perjury by lying under oath, the lawyer has a duty to

A

take remedial measures.

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15
Q

The first remedial measure to take when a lawyer knows his client has committed perjury under oath is:

A

the lawyer should attempt to persuade the client to rectify the matter by revealing the fraud and testifying truthfully.

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16
Q

If the first remedial measure fails, and the proceedings have not yet concluded, the lawyer must

A

reveal the perjury.

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17
Q

despite having a duty of confidentiality regarding information learned during her representation of client, committed an ethical violation when she failed to take _____________________ regarding clients false testimony.

A

reasonable remedial measures

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18
Q

A lawyer has a duty to keep a client informed of

A

the status of the client’s matter

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19
Q

A lawyer has a duty to

A

communicate and reasonably share decision-making responsibilities with the client.

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20
Q

Specifically regarding a settlement offer, a lawyer has a duty to

A

inform a client of an offer and to abide by a client’s decision regarding acceptance.

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21
Q

a lawyer has a duty to act with reasonable diligence in representing a client and should not

A

let ordinary events, such as other work obligations, prevent the lawyer from acting.

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22
Q

regarding personal health issues, a lawyer has duty to

A

take those into consideration and make plans for the client’s representation accordingly.

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23
Q

a lawyer shall not assert or controvert an issue in a proceeding when

A

there is not a nonfrivolous basis for doing so (Rule 3.1).

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24
Q

a lawyer shall not make a false statement of fact or law to

A

a tribunal (Rule 3.3).

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25
Q

rule regarding discovery requests (3.4)

A

1) a lawyer shall not make a frivolous discovery request or
2) fail to make reasonably diligent efforts to comply with a legally proper discovery request by an opposing party

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26
Q

A concurrent conflict of interest exists if

A

he representation of one client will be directly adverse to another client, or there is a significant risk that the representation of a client will be materially limited by the lawyers responsibilities to another client, former client, or a third person, or the personal interests of the lawyer.

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27
Q

In the context of firm, all lawyers associated in the firm must not knowingly represent a client when any one of them practicing alone would be prohibited from doing so by the Rules, unless

A

the affected client consents after consultation.

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28
Q

Under the rules, a lawyer must not use information relating to the representation of a client to the advantage of

A

the lawyer or third person or to the disadvantage of the client, unless the client consents.

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29
Q

A concurrent conflict of interest may be waived, if

A

the attorney reasonably believes that they can diligently and competently represent each of the affected clients, provided that all affected clients consent after consultation.

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30
Q

a lawyer could not reasonably believe that they could diligently and competently represent both clients where

A

their interests are directly adverse to one another, and the lawyer has confidential information pertaining to one of the parties.

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31
Q

Under the rules of professional conduct, a lawyer who formerly represented a client in a matter may not thereafter represent another person in the same or substantially related matter if

A

that persons interests are materially adverse to those of the former client, unless both the present and former clients consent after consultation.

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32
Q

a lawyer or firm that formerly represented a client in a matter may not us information related to or gained in the course of the representation to the disadvantage of

A

the former client, or reveal information relating to that representation.

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33
Q

the duty to preserve confidential information continues after

A

the attorney client relationship has terminated.

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34
Q

Under the Virginia rules, papers produced as work product must be turned over to the client when

A

the representation is terminated

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35
Q

duty to return papers to the client exists even when

A

the client has not paid the lawyer’s fee.

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36
Q

upon withdrawal,any fees that have been paid to the lawyer but not yet earned

A

must be refunded to the client upon withdrawal

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37
Q

upon withdrawal, lawyer is entitled to keep any fees that

A

have been paid and earned

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38
Q

the duty to return papers to the client upon termination of the representation exists even when

A

the client has not paid the lawyer’s fee.

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39
Q

A lawyer shall not make or offer an agreement in which

A

a broad restriction on the lawyer’s right to practice is part of the settlement of a controversy, except when such a restriction is approved by a tribunal or a governmental entity.

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40
Q

Virginia Rule 5.6 thus prohibits a lawyer from

A

agreeing not to represent other clients in connection with settling a claim on behalf of a current client.

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41
Q

Under 5.6, a term in a settlement agreement limiting an attorney’s right to represent future clients in actions against the offering party would be

A

unethical.

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42
Q

Virginia Rule 5.6(b), contains an exception permitting restrictions on practice if approved by

A

a tribunal or government entity.

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43
Q

As a member of the Virginia Bar, an attorney must not

A

violate the Virginia Rules.

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44
Q

A lawyer must withdraw if continuing the representation will

A

violate the Virginia Rules.

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45
Q

if the client insisted on the settlement (with a provision restricting the lawyers ability to sue the opposition in the future) despite the attorney’s ethical objection

A

withdrawal would be necessary.

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46
Q

If you must withdraw, immediately:

A

(i) notify the client of his withdrawal as required by Va. Rule 1.16(d),
(ii) seek leave of the court to do so in accordance with Va. Rule 1.16(c), and
(iii) take reasonable measures to minimize the harm to the client resulting from the termination of representation, pursuant to Va. Rule 1.16(d).

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47
Q

Under Va. Rule 1.16, reasonable measures to minimize the harm to the client resulting from the termination of representation include:

A

(i) protecting the client’s confidentiality,
(ii) returning the client’s files, all work product, records, and any unearned fees, and
(iii) assisting the client while they seek to secure new counsel to avoid or minimize material harm to the client’s interests.

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48
Q

Agreeing to engage in and hide unethical behavior is

A

far more culpable behavior than an inadvertent ethical violation.

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49
Q

Lawyers (and judges) have a duty to report a fellow lawyer’s serious misconduct to the appropriate professional authority when

A

1) the lawyer or judge has “reliable information that another lawyer has committed” misconduct
2) “that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects….”

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50
Q

No malpractice agreement

A

A lawyer is generally prohibited from entering into an agreement with a client that places a prospective limitation on the lawyer’s malpractice liability to the client.

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51
Q

No malpractice agreement exception:

A

Virginia recognizes an exception when the lawyer is an employee of the client as long as the client is independently represented in making the agreement.

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52
Q

Competency:

A

A lawyer must provide competent representation to a client.

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53
Q

Competent representation requires

A

the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation

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54
Q

A lawyer is not required to know the law that governs the client’s legal claim before undertaking representation, provided

A

the lawyer will be able to acquire the necessary knowledge with reasonable diligence.

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55
Q

success alone does not

A

prove competence nor excuse other violations of the Rules of Professional Conduct

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56
Q

Fee agreement:

A

A lawyer’s fee must be reasonable

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57
Q

A lawyer must adequately explain

A

her fee to a client

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58
Q

When a lawyer has not regularly represented a client, a written contract setting

A

the amount, basis, or rate of the fee is generally preferred;

but not required.

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59
Q

with a not regularly represented client the fee explanation should be made

A

before or within a reasonable time after commencing the representation.

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60
Q

A range of factors is considered when determining whether a fee is reasonable including

A

1) the experience of the lawyer performing the service and
2) the fee customarily charged in the locality for similar legal services.

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61
Q

customary contingency fee of

A

one-third of any recovery.

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62
Q

In a personal injury action, a lawyer is permitted to charge a fee that is

A

contingent on the outcome of the matter.

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63
Q

A contingent fee agreement, unlike other fee agreements, must be

A

in writing and must be signed by the client.

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64
Q

The written agreement for a contingency fee arrangement must explain

A

the way in which the fee will be calculated and, in particular, the way in which deductions for expenses will be calculated.

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65
Q

The lawyer must also provide an ending statement in writing to the client explaining

A

the outcome of the matter and providing the calculation of the fee and expenses.

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66
Q

Unlike other jurisdictions, Virginia has not adopted the Model Rule that prohibits

A

most sexual relationships between lawyers and clients, except those predating the lawyer-client relationship.

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67
Q

Virginia does adhere to the general Model Rule regarding

A

a conflict of interest.

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68
Q

a conflict of interest exists when

A

a lawyer’s representation of a client will be materially limited by the lawyer’s personal interests

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69
Q

the rules permit a conflict of interest to be waived if

A

1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation
2) and the client consents in writing.

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70
Q

even though Cate may have reasonably believed that she could confidently represent Phillip even if the sexual relationship soured, she should have

A

obtained his consent to the representation, after consultation, in writing.

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71
Q

Unless the client agrees to another arrangement, when a lawyer receives property of another, the lawyer must

A

promptly deliver that property and generally provide an accounting on request.

72
Q

when there is a contingency fee arrangement, the lawyer must provide

A

an ending statement in writing to the client explaining the outcome of the matter and providing the calculation of the fee and expenses, even though the client does not make a request for an ending statement.

73
Q

Funds in which two or more persons (one of whom may be the lawyer) claim an interest must be held in

A

the trust account until the dispute is resolved and there is an accounting and severance of their interests.

74
Q

Any portion belonging to the lawyer must be

A

withdrawn promptly from the trust account.

75
Q

admission pro hac vice

A

a lawyer licensed to practice in one state, requests admission before another states courts- files motion with that court

76
Q

when corporate and foreign lawyers are practicing in Virginia they are subject to

A

all virginia rules

77
Q

In Virginia, in house corporate lawyers and foreign lawyers may obtain

A

a limited license to practice in their specific circumstances

78
Q

forms of unauthorized practice

A

1) extraterritorial practice of licensed lawyers
2) practice by unlicensed

79
Q

exclusions to unauthorized practice of law are

A

translating, selling legal forms, pro se representation, serving as a mediator/similar, serving as fiduciary, lobbying, and teaching

80
Q

lawyer with knowledge of misconduct

A

has a duty to report

81
Q

lawyer with knowledge of misconduct has a duty to report when the misconduct regards the lawyers

A

1) honesty,
2) trustworthiness
3) or fitness to practice law

82
Q

confidentiality limitation on duty to report

A

if a lawyer has learned of the misconduct through confidential communications- there is no duty to report, but exceptions to the duty of confidentiality apply (future crime exception)

83
Q

if a reported on lawyer sues for defamation, the reporting lawyer has a privilege defense to such an action as long as the reporting lawyer:

A

(i) followed the proper rule,
(ii) reported to the correct agency, and
(iii) did not reveal more than what was necessary

84
Q

A potential conflict of interest occurs when

A

(i) two clients’ interests are directly adverse to each other, or
(ii) there is a high probability that representing one client will materially limit the lawyer’s ability to represent another; this is an objective standard.

85
Q

Clients can waive most conflicts of interest by

A

consent after consultation.

86
Q

if the conflict is sufficiently gross or there is a direct conflict

A

the conflict cannot be waived.

86
Q

if concerned that there is conflict between clients, the lawyer should first conduct

A

a conflicts analysis to ensure his representation of both would not be materially limited by his obligations to each client

87
Q

Conflicts between concurrent clients arise when

A

1) their interests are directly adverse
2) or when there is a significant risk that the representation of one or more of the clients will be materially limited by the attorney’s responsibilities to another client.

88
Q

a lawyer may not ethically withhold a clients________ and ________ until she has paid him as demanded

A

client file and records pertaining to representation

89
Q

when fired by a client, a lawyer must

A

withdraw

90
Q

Upon withdrawal, A client’s papers and property that are in the lawyer’s possession must be

A

promptly returned

91
Q

Upon withdrawal, Even papers produced as work product

A

must be turned over to the client.

92
Q

This duty to return papers to the client exists even when

A

the client has not paid the lawyer’s fee.

93
Q

to recover owed attorneys fees and advanced costs from former clients future litigation, after withdrawal, a lawyer may

A

1) file a claim for costs advanced per the contingency fee agreement
2) if former client recovers, lawyer can file a claim for value of services rendered in quantum meruit

94
Q

Virginia rule 1.5 governs

A

attorneys fees

95
Q

while the general rule requires no written agreement, the exception is

A

contingency fees require a written requirement

96
Q

Although a client may discharge a lawyer without cause, the client will continue to have an obligation to pay fees

A

the lawyer has already earned

97
Q

Virginia recognizes that an attorney is entitled to recovery based on quantum meruit when

A

a client, without cause, fires the attorney who is providing services under a contingent-fee agreement and the client employs another attorney who obtains a recovery for the client.

98
Q

The attorney’s quantum meruit recovery is based on

A

the reasonable value of the services in themselves, and not necessarily on their benefit to the client.

99
Q

if seeking to recover attorney fees under quantum meruit

A

the court determines the amount

100
Q

even papers turned produced as __________ ___________ must be turned over to the client upon withdrawal

A

“work product”

101
Q

Special conflict problems arise when

A

a lawyer is likely to be called as a witness.

102
Q

A lawyer generally may not represent a client if the lawyer is a necessary witness in a contested case unless

A

disqualifying the lawyer would result in a substantial hardship for the client.

103
Q

A lawyer may act as an advocate in an adversarial proceeding in which another lawyer in the lawyer’s firm is likely to be called as a witness unless

A

a conflict of interest would occur.

104
Q

After undertaking a representation, if a lawyer learns that the lawyer may be called as a witness other than on behalf of the client, the lawyer may continue the representation until

A

it is apparent that the testimony is or may be prejudicial to the client.

105
Q

A lawyer must withdraw if

A

continuing the representation will violate the Virginia Rules.

106
Q

an attorney representing an organization represents

A

the organization and not its employees

107
Q

As a general rule, when a lawyer has a conflict of interest, that conflict is imputed to

A

all of the lawyers in the lawyer’s law firm based on the notion that confidential information possessed by one lawyer is effectively possessed by all lawyers in the same firm.

108
Q

While generally a lawyer is empowered to determine the best means for achieving the goals set by a client, a lawyer is also required to provide a client with

A

sufficient information to permit the client to participate intelligently in decisions concerning the objectives of the representation and the means by which they are to be pursued

109
Q

An attorney must protect

A

confidential client information relating to the representation.

110
Q

Although the attorney-client privilege belongs to a client, an attorney

A

must invoke the privilege on the client’s behalf.

111
Q

an attorney should seek to avoid revealing confidential information about a client, confidential communications, and work product unless

A

ordered by the court

112
Q

Although with many conflicts of interest a client may agree to the continued representation of the lawyer after the lawyer adequately explains the conflict

A

where the conflict is a direct, material adverse impact/interest the conflict cant be waived.

113
Q

withdrawal requires

A

1) notifying client immediately
2) seek leave of court to withdrawal
3) take reasonable measures to minimize harm to client resulting from termination of representation

114
Q

reasonable measures to minimize harm to client effected by withdrawal include:

A

1) protecting client confidentiality
2) returning clients file, all work product, records, unearned fees
3) assisting client while it seeks to secure new counsel to avoid or minimize material harm to clients interest.

115
Q

Lawyers are prohibited from communicating about the subject matter of a dispute with represented opposing parties without

A

first obtaining permission from the opposing party’s lawyer.

116
Q

A lawyer may communicate with an opposing party about the subject matter of the representation only if

A

the opposing party’s lawyer has given consent.

117
Q

When dealing with a represented organization, Rule 4.2 prohibits unauthorized communication between an opposing lawyer and

A

employees who supervise, direct, or regularly consult with the organization’s lawyer regarding the subject matter of the representation.

118
Q

No matter how much a particular witness’s testimony is expected to favor one side in a dispute, a mere witness is not

A

a represented party

119
Q

Va. Rule 4.2 prohibition does not apply to

A

communication with witnesses.

120
Q

Lawyers are not prohibited from communicating with unrepresented persons who are involved in a client’s matter, but they are restricted in

A

what they may say to such a person.

121
Q

when communicating with an unrepresented person, a lawyer is under an affirmative obligation to refrain from implying that

A

the lawyer is disinterested in the matter about which the lawyer is communicating.

122
Q

Any effort to mislead an unrepresented person about the lawyer’s interest

A

subjects the lawyer to discipline.

123
Q

when a lawyer “reasonably should know” that an unrepresented person misunderstands the lawyer’s interest in the matter, the lawyer is obliged to

A

make reasonable efforts to clarify his role.

124
Q

Lawyers are also prohibited from giving legal advice to the unrepresented persons with whom they inevitably come into contact, except to

A

advise unrepresented persons to obtain counsel.

125
Q

In Virginia, is a lawyer required to self report her own misconduct occurring outside the state?

A

Yes, a lawyer is required to report any misconduct, within VA or without, that raises a substantial question as to the lawyers, honesty, trustworthiness or fitness to practice law-not limited to criminal activity

126
Q

A lawyer’s fee must be

A

reasonable

127
Q

Since the lawyer’s fee for drafting the will and overseeing its execution was reasonable, the lawyer’s conduct

A

did not violate the Virginia Rules of Professional Responsibility.

128
Q

even when a lawyer has not regularly represented a client, the Virginia Rules of Professional Responsibility do not require the fee explanation to be made before

A

the commencement of the representation

129
Q

he fee explanation is permitted to be made within

A

a reasonable time after commencing the representation

130
Q

When a lawyer has not regularly represented a client, the Virginia Rules of Professional Responsibility indicate that a written contract setting the amount, basis, or rate of the fee is

A

generally preferred, but is not required.

131
Q

While there is an exception to the confidentiality rules for preventing a future crime, there is no exception for

A

disclosing past crimes revealed by the client in the course of the representation

132
Q

There is no exception to the rules regarding attorney-client confidentiality that permits or requires a lawyer to disclose information relating to a client’s representation when the information concerns

A

a client’s past crimes

133
Q

an exception under the Virginia rules allowing disclosure to prevent

A

a future crime

134
Q

The duty of confidentiality applies to all information relating to

A

the representation

135
Q

In general, a conflict of interest exists when

A

a lawyer’s representation of a client will be materially limited by the lawyer’s personal interests. Va. Rule 1.7a.(2).

136
Q

Waiver of this general conflict is possible if

A

the lawyer reasonably believes that she will be able to provide competent and diligent representation to the client and the client gives consent after consultation, confirmed in writing. Va. Rule 1.7b

137
Q

While a lawyer is prohibited from communicating about the subject matter of a dispute with a represented opposing party without first obtaining permission from the opposing party’s lawyer, there is no prohibition on communication with

A

former employees or agents of an organization that is an opposing party, even if the former employee or agent was a member of the organization’s managerial group. Va. Rule 4.2 Comment 7.

138
Q

A duty of confidentiality is owed to

A

current clients, former clients, and prospective clients.

139
Q

It is not necessary for a fee to be charged in order for

A

the duty of confidentiality and the evidentiary privilege to be effective.

140
Q

A lawyer must use reasonable efforts to prevent

A

the inadvertent or unauthorized disclosure of confidential and privileged information

141
Q

Lawyers owe clients a duty to communicate and meaningfully share

A

decision-making responsibilities with them

142
Q

The communication duty is critical to

A

maintaining a quality lawyer-client relationship.

143
Q

the communication duty is related to the duties regarding

A

shared decision-making, competence, and diligence and forms the underpinning of every duty that requires client consent and consultation.

144
Q

A lawyer must keep a client informed of

A

the status of the client’s matter

145
Q

A lawyer must respond to a client’s

A

reasonable requests for information

146
Q

Virginia Rule 1.8(a), which addresses business transactions between a lawyer and client, requires that

A

1) the client’s consent be in writing,
2) that the client be given a reasonable opportunity to seek the advice of independent counsel,
3) that the transaction be objectively reasonable, and
4) that the transaction itself be in writing and in terms that can be understood by the client.

147
Q

The client must be given an opportunity to seek independent counsel, but

A

no written suggestion of outside counsel is required.

148
Q

Because lawyers owe clients a continued measure of loyalty after representation ends and because lawyers owe clients a full measure of the duty of confidentiality after representation ends, conflicts between former and current clients arise when

A

their interests are directly adverse or when there is a substantial relationship between the two representations

149
Q

conflict of interest related to a former client may be waived if

A

both clients consent after consultation.

150
Q

Lawyers owe their clients

A

fiduciary duties

151
Q

A fiduciary is one in whom

A

1) utmost trust is placed and
2) who owes the beneficiary the duties of good faith, honesty, and care
3) in the management of the beneficiary’s interests

152
Q

Lawyers owe their clients a duty of loyalty even after

A

their representation ends.

153
Q

A conflict of interest might arise among current clients, and also between former and current clients under

A

this duty of loyalty

154
Q

Because lawyers owe clients a continued measure of loyalty after representation ends, conflicts between former and current clients arise when their interests are

A

directly adverse or when there is a substantial relationship between the two representations.

155
Q

lawyers also owe former clients a continued duty of

A

confidentiality

156
Q

In Virginia, the duty of confidentiality is restricted to

A

“confidences” and “secrets” as described by the Model Rules

157
Q

Confidences include material that is

A

protected by the attorney-client evidentiary privilege, and secrets include additional material that would be embarrassing or detrimental to the client or that the client has expressly requested be held in confidence.

158
Q

The duty of confidentiality applies to all information relating to

A

the representation, not merely communications from the client to the lawyer.

159
Q

There are several exceptions to the duty of confidentiality, including

A

consent, implied authorization, self-defense disclosures to protect the attorney, or preventing future crimes or harm.

160
Q

Lawyers are authorized to represent

A

organizations in addition to individuals.

161
Q

when a lawyer represents such an organization, it represents the organization itself, and not

A

its officers individually.

162
Q

a lawyer may represent both the organization and its officers individually in unrelated matters, so long as

A

there is no conflict of interest between these current clients.

163
Q

A lawyer’s independent professional judgment is threatened when

A

he has a conflict of interest in a case.

164
Q

A conflict of interest exists when

A

a lawyer represents one client against a second client whose interests are in direct conflict.

165
Q

a conflict between two current clients

A

cannot be effectively waived by the clients, on the theory that it is too gross a conflict.

166
Q

As a general rule, when a lawyer has a conflict of interest, that conflict extends to

A

all of the lawyers in the law organization in which the lawyer works.

167
Q

A lawyer in Virginia has a duty to not reveal information learned through

A

discussions with prospective clients, even when no attorney-client relationship ensued.

168
Q

A lawyer with whom that lawyer is associated is likewise prohibited from representing a client with

A

interests materially adverse to a prospective client who has revealed information that could be significantly harmful to that prospective client, unless certain conditions are met, such as a timely screening and written notice regarding the screening.

169
Q

Under screening procedures, the conflicted lawyer is

A

isolated from other lawyers in the organization by various devices.

170
Q

False or misleading statements in lawyer client-getting communication are

A

subject to discipline

171
Q

In Virginia, advertisements featuring client testimonials are admissible as long as

A

they are not false or misleading and they do not omit necessary facts.

172
Q

Self-laudation that is either unverifiable or misleading-but-true is

A

subject to discipline as false or misleading

173
Q

Disclaimers are not required for

A

all case results advertised

174
Q

disclaimers should be used when necessary to

A

prevent a case result advertised from being misleading

175
Q

Sufficient disclaimers

A

(i) put the case results in a context that is not misleading,
(ii) state that case results depend upon a variety of factors unique to each case, and
(iii) state that case results do not guarantee or predict a similar result.

176
Q
A

Chris's bar essays law (22 decks)

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