PR Flashcards
Like trustees, lawyers owe their clients fiduciary duties of
scrupulous good faith, candor, and care in the management of the beneficiary’s interests.
the lawyer’s duty of loyalty to clients is the
bedrock of the attorney-client relationship.
As a general matter, a conflict of interest exists when
a lawyer’s “representation of a client will be materially limited by the lawyer’s … personal interests.” Va. Rule 1.7(a)(2).
A lawyer must not represent a client if the representation may be materially limited by the lawyer’s own interests, unless:
(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.
A lawyer is prohibited from drafting a document that makes a substantial gift to
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).
A statement must be both
false and material for it to subject the lawyer to discipline.
Lawyers are prohibited from making statements that are fraudulent or remaining silent when
the statement or silence would amount to fraud under applicable tort principles.
As a general rule, a lawyer is not civilly liable for wrongful or negligent lawyering activity to those
outside the lawyer-client relationship.
when a lawyer’s work for a client is intended to benefit a third person, the lawyer owes a duty of care to
that third person.
A lawyer may not communicate with an opposing party who is represented by counsel without counsel’s consent when
the communication concerns a subject for which the lawyer is representing a client.
If the opposing party is an organization, the prohibition on communicating applies to employees who
supervise, direct, or regularly consult with the organization’s lawyer regarding the subject matter of the representation.
prohibition on communication with opposing party corporation does not apply to individuals who are
former employees or agents of the organization.
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
stating or implying that the lawyer is disinterested in the matter about which the lawyer is communicating.
Under the Virginia Rules of Professional Conduct, a lawyer owes a duty of confidentiality to a client that generally prohibits
the disclosure of information communicated in confidence to the lawyer.
when a lawyer knows that a client has committed perjury by lying under oath, the lawyer has a duty to
take remedial measures.
The first remedial measure to take when a lawyer knows his client has committed perjury under oath is:
the lawyer should attempt to persuade the client to rectify the matter by revealing the fraud and testifying truthfully.
If the first remedial measure fails, and the proceedings have not yet concluded, the lawyer must
reveal the perjury.
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.
reasonable remedial measures
A lawyer has a duty to keep a client informed of
the status of the client’s matter
A lawyer has a duty to
communicate and reasonably share decision-making responsibilities with the client.
Specifically regarding a settlement offer, a lawyer has a duty to
inform a client of an offer and to abide by a client’s decision regarding acceptance.
a lawyer has a duty to act with reasonable diligence in representing a client and should not
let ordinary events, such as other work obligations, prevent the lawyer from acting.
regarding personal health issues, a lawyer has duty to
take those into consideration and make plans for the client’s representation accordingly.
a lawyer shall not assert or controvert an issue in a proceeding when
there is not a nonfrivolous basis for doing so (Rule 3.1).