PR Flashcards
Trial Publicity:
Prejudicial Extrajudicial Statements (ABA +CA)
ABA and CA prohibit
making extrajudicial statements
that a reasonable person should expect to be publicly disseminated
AND
have a substantial likelihood of materially prejudicing
ok- offense, claim, defens
Statements about Judicial/legal officers and candidates- ABA
ABA: not knowingly make statements about integrity or qualification of a judge, public legal official or candidate.
know to be FALSE or RECKLESS disregard to the truth
Statements about Judicial/legal officers and candidates - CA
Judicial officials and candidates only
Duty of Fairness about obstructing access to material with evidentiary value- ABA +CA
ABA + CA: no obstructing access to evidence that may have evidentiary value
Prosecutor’s special duty
1) not prosecuting charges without probable cause
2) efforts to right to counsel
3) timely disclosure all exculpatory evidence
4) remedy wrongful convictions
Duty of fairness to opponent —-
Advice to refrain from voluntarily giving info to opponent
ABA - only to relative or client if in their interest
A lawyer may still represent despite COI if
(ABA)
1) not prohibited by law
2) lawyer reasonably believes that she can competently and reasonably respresent each afffected client effectively
3) the clients are not directly adverse to each other in the same proceeding
4)Each affected client gives informed consent confirmed in writing
CA = the same but both the disclosure and client’s consent must be in writing
– informed consent for risks of joint rep too
Duty of Confidentiality (ABA exceptions)
- death or substantial harm
- prevent or rectify substantial financial harm
- legal ethics advice
- Addressing COI when going to new firm
Duty of confidentiality - CA exception. May reveal to ______
-to prevent CRIMES likely resulting in sub bodily harm or death
Not an exception (to financial harm, ethical advice, or going to a new firm)
Exceptions to A/C Privilege (ABA +CA) +
(not physical evidence)
to prevent future fraud or crime
or
lawyers service used for fraud/crime
suit b/t clients or
testamentary capacity
(CA+ criminal act result in death or sub bodily harm)
When revealing confidential info (CA) for crime for sub b harm or death
- try to dissuade
- inform of your planned disclosure
- only reveal necessary
Fees must be - ABA
Reasonable ( time limit, nature and length, custom, amt invovled, skill, reputation, etc
Fee Agreement - CA is punishment if and factors
NOT unconscionable
-informed conset??
-fraud?
- disclosed material facts?
-sophistication?
-amount?
CA fee written agreement exception
corporation, emergency, same service same client, client waved in writing
Fee dispute arbitration
CA- required if client asks
ABA - encourage
contingent fee agreement
- writing, signed by client (CA- also signed by lawyer)
- how the fee will be calculated (%)
- if other expenses will be deducted if so before or after?
- if lost, still liable for expenses or fees?
not allowed in criminal + domestic
Ca- send doc of award and the calculations
CA- contingent fee mandatory disclosure
Disclosure- fees are negotiable unless medical suit)
How client will be charger for work not covered
Fee splitting with non lawyer
not allowed unless
referral service org approved by CA bar or ABA proper authorities
Fee splitting with a lawyer not in the same firm- ABA
- fee not increased bc of it and reasoanble
- proportional to the work amt or some other way and joint responsibility
-client agrees and consents in writing
Fee splitting in CA
- agreement b/t lawyers in writing
- client consents in writing after full written disclosure of the fee and how it will be divided
- not increased bc of sharing
referral fees – ABA and CA
a nominal gift ok for past recommendation
Duty to safekeep client’s property (ABA+CA)
- keep money separate in client TRUST ACCOUNT
- notify when receives funds/property
- keep accounting 5 yrs
- prompt payment
- disputed part keep in trust
CA (CA trust account unless client)
advance payments
ABA- withdraw as earned
CA- flat fee- let client know it’s in operating account but you can make me put it in trust accoiunt and ask for any portion not earned
Reciprocal referral arrangement with a lawyer or a non laywer
ok if
1) nonexclusive
2) client must be informed
duty of competence: what if you dont know field of law
-involve an area in that field
consult with them
learn it if possible, refer out
Mandatory Withdrawl
- if violating rules or law
- physical and mental impairment
- discharged by client
CA +without probable cause/ to harrass or injure
Permissible withdrawal +ABA
- persists in criminal or fraudlent act
- already used lawyer’s service for fraud/crime
- unreasonably difficult by client
- unfulfilled obligation by client + lawyer gave warning
- repugnant to lawyer
- lawyer financial burden
- able without materially adversely affecting
Permissible withdrawal +CA
no repugnant
no financial burden
+ cant work with co-council
+ client consents freely and knowingly
+mental and physical condition made it difficult
upon withdrawl
- surrender client files and property
- gave reasonable notice
- refund any unearned fees
ad
ad must include name address and labeled as advertising unless apparent
duty of fairness include
-obstructing evidence
- falsity evidence
-notification of material inadvertently sent
discovery rules
ABA- no frivolous discovery request
request others to refrain from giving relevant inform unless relative or agent
duty of decorum
not seek to influence juror/judge
disruptive
if you know a lawyer violating a rule or their conduct raises a substantial question as to their honesty, fitness, or worthiness as a lawyer—>
Shall report- ABA
CA- not required
SElf report in CA
3 mal practice in 12 months
civilly liable for fraud, breach of fid
sanctioned $1000
charged with felony
convicted of serious crime
discipline in another jurisdiction
duty to public
must promote ____ in the profession
public confidence
