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PR Flashcards

1
Q

shall

A

if violated, conduct subject to discipline

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2
Q

may

A

can’t be discipline if violated

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3
Q

rule 5.5 unauthorized practice of law

A

a) shall not practice law in jurisdiction where doing so violates regulation of that jurisdiction
b) shall not assist person who is not member of bar in activity that constitutes unauthorized practice of law

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4
Q

rule 8.1 bar admission and disciplinary matters

A

a) shall not make KNOWINGLY FALSE STATEMENT OF MATERIAL FACT
b) shall not FAIL TO DISCLOSE FACTS NECESSARY to correct misapprehension known to have arisen or KNOWINGLY FAIL TO RESPOND TO DEMAND FOR INFO

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5
Q

rule 8.2 judicial and legal officials

A

shall not make statement KNOWS TO BE FALSE OR W/RECKLESS DISREGARD concerning judge

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6
Q

rule 8.4 grounds for discipline

A

a) violate or attempt to violate rules… knowingly assist another to do so or do so through the acts of another
b) commit a criminal act that reflects adversely on lawyer’s honesty, trustworthiness, or fitness as a lawyer
c) engage in conduct involving dishonesty, fraud, deceit, misrepresentation
d) engage in conduct that is prejudicial to the administration of justice

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7
Q

4 elements of malpractice

A
  1. attorney client relationship existed
  2. lawyer acted negligently or in breach of K
  3. acts were the proximate cause of the P’s damages
  4. that, but for lawyer’s conduct, the P would have been successful in the underlying claim
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8
Q

institutes that regulated lawyers

A
  • highest state court
  • self regulation
  • inherent powers doctrine
  • primary regulation by courts also done by legislature, prosecutors, malpractice insurers
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9
Q

possible sanctions

A
  • private letter/reprimand
  • public letter/reprimand
  • disbarment
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10
Q

rule 5.2 responsibility of subordinate lawyer

A

if it is not arguable and lawyer does it simply because supervisor tells them to, they will not be excused

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11
Q

options for subordinate lawyer when she knows the higher up is asking her to violate the rules or they know someone is violating the rules

A
  • quit… but still have duty to report
  • confront the supervisory attorney
  • report the misconduct to supervisor… if they brush it off, good practice would be to write a memo and keep it in the system
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12
Q

how to incur criminal liability as lawyer

A
  • mail, bank, tax fraud
  • grand larceny
  • soliciting clients
  • paying jurors
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13
Q

rule 1.6 confidentiality of information

A

lawyer shall not reveal info relating to representation of the client unless the client gives informed consent, the disclosure is impliedly authorized, or disclosure is permitted under

  • informed consent
  • impliedly authorized in situation like a defense attorney arguing a case will have to argue w/info
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14
Q

requirement of attorney to disclose info that client is likely to commit criminal act likely to result in death or substantial bodily harm

A 
MPRE = may
TX = requires disclosure
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15
Q

exceptions to rule 1.6 confidentiality of information

A
  • if the court orders you to give 1.6 info you MUST
  • could prevent suicide, self mutilation
  • substantial bodily harm or permanent damage
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16
Q

rule 1.8 conflict of interest - current clients

A
  • lawyer shall not enter in business transaction w/client
  • shall not use info relating to representation of a client to the disadvantage of client unless they give informed consent
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17
Q

rule 4.1 truthfulness in statements to others in course of representing a client

A

attorney shall not knowingly

  • make false statement of material fact or law to 3rd party
  • fail to disclose material fact when it is necessary to avoid assisting in a crime or fraudulent act
  • NO LYING
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18
Q

attorney client privilege purpose

A
  • build trust between attorney and client
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19
Q

attorney client privilege elements

A
  1. communication
  2. privilege persons
  3. communication in confidence
  4. for the purpose of seeking legal advice
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20
Q

attorney client privilege - privileged persons

A
  • translator or anyone else present to help the attorney and client
  • psychologists
  • guardians
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21
Q

how to waive attorney client privilege

A 
by client
- expressly 
- by talking to 3rd party about it
by attorney
- in court
22
Q

attorney client privilege - communication in confidence

A
  • place where no one else can hear the conversation
23
Q

when attorney client privilege does not attach

A

if client consults lawyer for assistance in committing a crime or fraud

24
Q

attorney client privilege - death of client

A

generally, privilege survives the death

- exception for testimony by attorney when that T affects the well-being of living people

25
Q

can take client for legal work if you don’t have experience if…

A
  • learn about it on your own

- hire on or seek help from an attorney in that area with your client’s permission

26
Q

if attorney takes a case outside their expertise they…

A
  • must do necessary work or associate with an experienced lawyer
  • shouldn’t bill client for study time if you decide to learn on your own
27
Q

malpractice insurance for attorneys

A
  • not mandatory in most states
28
Q

ineffective assistance of counsel

A
  1. show that counsel’s performance was deficient… counsel made errors so serious that counsel was not functioning as guaranteed to ∆ by 6th A
  2. show that performance prejudiced the defense… errors were so serious as to deprive ∆ of fair trial… reasonable probablility that, but for counsel’s unprofessional errors, the result of the proceeding would have been different
29
Q

rule 1.4 communication

A

a) shall keep client reasonably informed about status of matter and promptly comply w/ reasonable requests for info
b) shall explain matter to extent reasonably necessary to permit the client to make informed decisions regarding the rep

30
Q

rule 7.2 advertising

A

a) may advertise through public media or written/recorded communication

31
Q

rule 7.3 direct contact with prospective client (solicitation)

A

a) shall not solicit live in person or live on the phone when no family or prior professional relationship exists when significant motivation for lawyer’s doing so is pecuniary gain

32
Q

when is solicitation okay

A

as long as it’s for free

33
Q

rule 1.8 conflict of interest: prohibited transactions

A

shall not provide financial assistance to client in connection w/pending or future case EXCEPT:

1) may advance court costs and expenses of litigation w/repayment contingent on outcome
2) if repping indigent client may court costs and expenses on behalf of client

34
Q

rule 4.3 dealing w/unrepped persons

A

shall not state or imply that atty is disinterested… when atty knows or reasonably should know that unrepped person misunderstands the atty’s role in the matter, the atty shall make reasonable efforts to correct the misunderstanding

35
Q

rule 1.8 compesnsation from 3rd party not ok unless…

A

1) client consents
2) no interference w/professional judgment or w/atty-client relationship &
3) info protected by rule 1.6

36
Q

rule 1.4 client under disability

A

a) shall maintain normal relationship

b) only when atty reasonably believes client can’t adequately act in client’s own interest may guardian be appointed

37
Q

law related services

A

services that might reasonably be performed in conjunction with and in substance related to, the provision of legal services and not prohibited as the unauthorized practice of law when provided by a non-lawyer

38
Q

reporting professional misconduct when a lawyer knows that another lawyer has committed a violation of the rules that raise a substantial question as to that lawyer’s honesty

A

SHALL inform the appropriate professional authority

39
Q

factors for determining whether a fee is reasonable

A
  • time & labor required, novelty & difficulty of the questions involved
  • likelihood that acceptance of this representation will preclude the lawyer from accepting other work
  • customary fee in the locale for this kind of work
  • amount involved and results obtained
  • lawyer’s experience, reputation, & ability
40
Q

termination by client

A

the attorney-client relationship is terminable at will by the client with or without cause

41
Q

when MUST a lawyer withdraw from representation

A
  • the representation will result in violation of the law or Rules
  • the lawyer’s physical or mental condition materially impairs his ability to represent the client
  • the lawyer is discharged
42
Q

when MAY a lawyer withdraw from representation (optional withdrawal)

A
  • if withdrawal can be accomplished without material adverse effect on the interests of the client
  • client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is a criminal or fraudulent course of action
  • client has used he lawyer’s services to perpetuate a fraud or crime
43
Q

in an emergency, a lawyer may give advice or assistance to a client in need, even if he lacks…

A

skill or knowledge ordinarily required and referral to or consultation with another lawyer is impracticable

44
Q

when in connection with the representation, a lawyer receives funds or other property in which a client or 3rd person has an interest, the lawyer must…

A
  • hold such property separate from the lawyer’s own property
  • promptly deliver to the client or 3rd party any property the client or 3rd party is entitled to
  • keep, maintain, & preserve complete & accurate records for up to 5 years after the termination of representation
45
Q

who does a lawyer employed by an organization represent?

A

the organization as distinct from its directors, officers, employees, members, shareholders, or other consultants

46
Q

sexual relations

A

a lawyer may not have sexual relations w/ a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced

47
Q

conflicts between a present client and a prospective client

A

a lawyer may not represent a client w/ interests adverse to those of a prospective client in the same or substantially related matter if the lawyer received info from the prospective client that could be significantly harmful to that person in the matter

48
Q

disqualification from representation

A

when 1 attorney is disqualified, the whole firm is also disqualified

49
Q

imputed disqualification

A

based on the presumption that all partners and associates in a firm know about all the cases

50
Q

duty of candor to the court - a lawyer must not knowingly

A
  • make false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer
  • fail to disclose to a tribunal controlling legal authority known to the lawyer to be directly adverse to the clients position & not disclosed by opposing counsel
51
Q

in general judges & judicial candidates must not…

A
  • act as leaders in or officers of a political organization
  • make speeches on behalf of a political organization
  • personally solicit funds for a political organization
  • personally solicit contributions from a political organization
  • publicly endorse or oppose candidates for office

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