Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

PR > PR > Flashcards

PR Flashcards

1
Q

Trial Publicity:

Prejudicial Extrajudicial Statements (ABA +CA)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Statements about Judicial/legal officers and candidates- ABA

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Statements about Judicial/legal officers and candidates - CA

A

Judicial officials and candidates only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Duty of Fairness about obstructing access to material with evidentiary value- ABA +CA

A

ABA + CA: no obstructing access to evidence that may have evidentiary value

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Prosecutor’s special duty

A

1) not prosecuting charges without probable cause

2) efforts to right to counsel

3) timely disclosure all exculpatory evidence

4) remedy wrongful convictions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Duty of fairness to opponent —-
Advice to refrain from voluntarily giving info to opponent

A

ABA - only to relative or client if in their interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A lawyer may still represent despite COI if

A

(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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Duty of Confidentiality (ABA exceptions)

A
  • death or substantial harm
  • prevent or rectify substantial financial harm
  • legal ethics advice
  • Addressing COI when going to new firm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Duty of confidentiality - CA exception. May reveal to ______

A

-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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Exceptions to A/C Privilege (ABA +CA) +

(not physical evidence)

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When revealing confidential info (CA) for crime for sub b harm or death

A
  1. try to dissuade
  2. inform of your planned disclosure
  3. only reveal necessary
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Fees must be - ABA

A

Reasonable ( time limit, nature and length, custom, amt invovled, skill, reputation, etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Fee Agreement - CA is punishment if and factors

A

NOT unconscionable

-informed conset??
-fraud?
- disclosed material facts?
-sophistication?
-amount?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

CA fee written agreement exception

A

corporation, emergency, same service same client, client waved in writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Fee dispute arbitration

A

CA- required if client asks
ABA - encourage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

contingent fee agreement

A
  1. writing, signed by client (CA- also signed by lawyer)
  2. how the fee will be calculated (%)
  3. if other expenses will be deducted if so before or after?
  4. if lost, still liable for expenses or fees?

not allowed in criminal + domestic

Ca- send doc of award and the calculations

17
Q

CA- contingent fee mandatory disclosure

A

Disclosure- fees are negotiable unless medical suit)

How client will be charger for work not covered

18
Q

Fee splitting with non lawyer

A

not allowed unless

referral service org approved by CA bar or ABA proper authorities

19
Q

Fee splitting with a lawyer not in the same firm- ABA

A
  • 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
20
Q

Fee splitting in CA

A
  • 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
21
Q

referral fees – ABA and CA

A

a nominal gift ok for past recommendation

21
Q

Duty to safekeep client’s property (ABA+CA)

A
  1. keep money separate in client TRUST ACCOUNT
  2. notify when receives funds/property
  3. keep accounting 5 yrs
  4. prompt payment
  5. disputed part keep in trust

CA (CA trust account unless client)

21
Q

advance payments

A

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

21
Q

Reciprocal referral arrangement with a lawyer or a non laywer

A

ok if

1) nonexclusive
2) client must be informed

22
Q

duty of competence: what if you dont know field of law

A

-involve an area in that field
consult with them
learn it if possible, refer out

22
Q

Mandatory Withdrawl

A
  1. if violating rules or law
  2. physical and mental impairment
  3. discharged by client

CA +without probable cause/ to harrass or injure

23
Q

Permissible withdrawal +ABA

A
  1. persists in criminal or fraudlent act
  2. already used lawyer’s service for fraud/crime
  3. unreasonably difficult by client
  4. unfulfilled obligation by client + lawyer gave warning
  5. repugnant to lawyer
  6. lawyer financial burden
  7. able without materially adversely affecting
24
Q

Permissible withdrawal +CA

A

no repugnant
no financial burden

+ cant work with co-council
+ client consents freely and knowingly

+mental and physical condition made it difficult

25
Q

upon withdrawl

A
  1. surrender client files and property
  2. gave reasonable notice
  3. refund any unearned fees
26
Q

ad

A

ad must include name address and labeled as advertising unless apparent

27
Q

duty of fairness include

A

-obstructing evidence
- falsity evidence
-notification of material inadvertently sent

28
Q

discovery rules

A

ABA- no frivolous discovery request

request others to refrain from giving relevant inform unless relative or agent

29
Q

duty of decorum

A

not seek to influence juror/judge

disruptive

30
Q

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—>

A

Shall report- ABA

CA- not required

31
Q

SElf report in CA

A

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

32
Q

duty to public

must promote ____ in the profession

A

public confidence

PR (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions