PR

Question 1

When does a fee agreement have to be in writing in California?

Answer 1

When it is reasonably foreseeable the fee would exceed 1000.
An exception occurs if the services are provided in emergency, similar services were provided to the client in the past, the client waves in writing the right to a written fee contract, or the client is a corporation.

Question 2

May a lawyer provide financial assistance to a client?

Answer 2

MR: only if made in connection with ongoing or expected litigation
CA: no. Any payment of personal or business expenses are forbidden.
However, a lawyer may advance court costs and litigation feeds repayment of which may be contingent on the outcome of the case

Question 3

What is the rule governing conflicts between a current and former client under model rules?

Answer 3

A lawyer may not represent a client in the same or substantially related matter as a former client.
Their interests may not be materially adverse to each other.
Unless the former client gives informed consent, confirmed in writing

Question 4

Under model rules, may a lawyer give anything of value for recommending the lawyer?

Answer 4

No, unless he is paying the fees of a legal services plan or approved lawyer referral service

Question 5

Typically, may a lawyer share fees with a non-lawyer?

Answer 5

No.

Question 6

Where must a lawyer report misconduct of another lawyer, if she has actual knowledge of misconduct that raises a substantial question of honesty or trustworthiness?

Answer 6

MR only

Question 7

What type of fee agreement is prohibited in California?

Answer 7

Unconscionable

Question 8

What is the rule of imputed disqualification?

Answer 8

No lawyer may represent a client when any one of them is disqualified under these rules

Question 9

When can a lawyer refuse to represent a client appointed by the court?

Answer 9

The lawyer is not competent to present the client.
The representation results in an improper conflict of interest.
Representation would impose an unjust financial burden on the lawyer

Question 10

When may lawyer share fees with another lawyer?

Answer 10

The client consents in writing.

The total fee is reasonable and not increased due to the fee splitting

Question 11

In California, does the client have to be the one committing the fraud for attorney-client privilege to break?

Answer 11

No.

Question 12

In CA, may a lawyer acquire property interests in the cause of action or subject matter of litigation?

Answer 12

Yes. A lien to secure fees is allowed if it complies with the rule regarding business transactions with a client.

Question 13

Under the California rules, the lawyer must decline representation if he knows or should know:

Answer 13

The client’s objective is to start frivolous claim to harass or injure another.
The claim is not warranted under existing law and cannot be supported by a good-faith argument extend modify or reverse existing law

Question 14

Under California rules, a lawyer must withdraw when:

Answer 14

He knows that the client is making a claim without probable cause.
He knows that continued representation will lead to a violation of ethical rules.
The lawyer’s mental or physical condition renders effective representation unreasonably difficult.

Question 15

What is the duty when joining a partnership or corporation?

Answer 15

Lawyer may not form a partnership with the nonlawyer if any of the partnership activities consist of the practice of law

Question 16

What is the rule regarding threatening criminal charges?

Answer 16

Threatening to preset criminal charges to obtain an advantage in civil suit results in sanctions

Question 17

What is the difference in MR and California regarding media rights?

Answer 17

MR: Prior to the conclusion of representation, a lawyer may not make an agreement giving the lawyer literary rights based on the representation.
CA: No specific rule. Would be allowed if fully complies with business transactions with clients

Question 18

A lawyer may not enter into a business transaction with the client, or knowingly acquire an adverse ownership or financial interest unless

Answer 18

The terms are fair and reasonable to the client and disclosed in writing.
The client is advised in writing about, and given a reasonable opportunity to seek independent counsel.
The client gives informed consent and assign writing.

Question 19

What are conflict rules in California involving current clients?

Answer 19

A lawyer may not represent a client whose interests actually or potentially conflict with another client, unless the lawyer obtains informed written consent from each client

Question 20

Under the MR, may a lawyer acquire a proprietary interest in the cause of action or subject matter of litigation?

Answer 20

No, except through contingent fees

Question 21

In California, may a gift or gratuity be offered in consideration for an understanding that the gift was forthcoming, or that referrals would be made or encouraged in the future?

Answer 21

No

Question 22

What are exceptions to the attorney-client privilege?

Answer 22

Knowing presence of third party.
Use of services for crime/fraud (client is aware of fraud)
Disputes between lawyer and client or co-clients

Question 23

What is the duty of candor?

Answer 23

Under California rules, the lawyer must not seek to mislead the court by an artist or false statement. The lawyer is restricted to use of means consistent with the truth.
Under model rules, a lawyer must not knowingly make a false statement of fact or law to a tribunal, and must correct the prior false statement of material facts or law.

Question 24

What must a lawyer do if a criminal defendant wants to enter false testimony?

Answer 24

The lawyer may permit the client to testify and unguided narrative fashion. A lawyer cannot rely upon the clients testimony during the closing argument.

Question 25

Under model rules, a former government lawyer may not represent a client in a matter in which the lawyer participated personally or substantially as a government lawyer unless:

Answer 25

The government agency gives its informed consent, confirmed in writing

Question 26

A lawyer may not represent a client if representation will be materially limited by the lawyers own interests except:

Answer 26

In California, by written disclosure to the client. Under the model rules, if the client gives informed consent confirmed in writing and the lawyer reasonably believes he can provide competent and diligent representation.

Question 27

When are reciprocal referral agreements allowed?

Answer 27

With another lawyer or a non-lawyer professional whereby they promise to refer clients to eachother if:
The agreement is not exclusive.
It is for a fixed period of time.
And the client is informed of the agreement

Question 28

What is required for a contingency fee to be valid?

Answer 28

It must be in writing and signed by the client (CA: lawyer too)
Must include fee basis and fact that it is negotiable
How costs and expenses will be paid
Whether the client has to pay for related matters

Question 29

A lawyer must not accept compensation from a third-party for representing a client, unless:

Answer 29

There is no interference with the lawyers professional judgment.
The client confidentiality is protected.
The client gives informed consents

Question 30

Under the model rules, a lawyer must decline or withdraw from representation if:

Answer 30

It would violate the law or ethical code.

The lawyer’s physical or mental condition would materially impair the representation.

Question 31

What is the duty to report ethical misconduct?

Answer 31

A lawyer must report misconduct of another lawyer is she had actual knowledge of misconduct that raises a substantial question as to honesty, trustworthiness, or fitness to practice law. A substantial question involves a material matter of clear and weighty importance.

Question 32

What must a lawyer do before false testimony has been given?

Answer 32

Lawyer must take reasonable remedial measures to prevent the clients from presenting false testimony. If the client refuses, the lawyer may seek court permission to withdraw.

Question 33

What are the exceptions where a contingency fee is not allowed?

Answer 33

CA: divorce; MR: criminal defendant

Question 34

In California may a lawyer breach client confidentiality in the event of false statements or corporate wrong doing?

Answer 34

No

Question 35

What is the presumption in California regarding solicitation?

Answer 35

Any solicitation made at the scene of an accident or in route to an emergency center or healthcare facility is presumed to be a violation of the rule of solicitation

Question 36

What is the work-product doctrine?

Answer 36

Attorney’s work (impressions, conclusions, etc.) are absolutely protected.
Other work product (information obtained by investigators) are protected unless other party is unfairly prejudices or investigation of attorney for crime/fraud

Question 37

What are conflict roles between current clients under the model rules?

Answer 37

A lawyer may not represent a client whose interests are materially adverse to another client, or if representation would be materially limited by the lawyer’s responsibility to another client unless:
The lawyer obtain informed consent from each client confirmed in writing
The lawyer reasonably believes that he can provide competent and diligent representation to each client
Representation cannot involves claims between clients in the same matter

Question 38

A lawyer who joins a new law firm is prohibited from representing a client whose interests are materially adverse to a client of the former law firm if:

Answer 38

The matter is the same or substantially related and the lawyer acquired material confidential information about the former client. The former client can give written consent.

Question 39

What is the duty not to contact represented parties?

Answer 39

A lawyer may not communicate directly or indirectly about the subject matter of the representation with a petty the lawyer knows is represented by counsel, without consent of the counsel

Question 40

What is the general duty against solicitation?

Answer 40

A lawyer must not solicit professional employees in person or by phone when a significant motive is pecuniary gain, unless a prior close personal relationship