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PR Flashcards

1
Q

Lawyer/Client Relationship

A

No duty to accept representation

Unless court appointment

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2
Q

Lawyer may decline court appointed representation if

A

Could not handle matter competently
Rep would result in improper conflict of interest, or
Acceptance unreasonably burdensome

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3
Q

Formation of Lawyer/Client Relationship

A

Begins when client reasonably
Believes relationship exists
No writing is required

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4
Q

Scope of Lawyer/Client Relationship

A

Client determines objectives of rep
Lawyer decides means to reach objectives
Can be negotiated including duration
Limitation must be reasonable and client must provide informed consent

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5
Q

Power of Lawyer

A

Decides such things as strategy including manner, scope of x-exam and choosing theory for case

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6
Q

Power of Client

A

Decides such things as accept settlement, testify, right to trial and entry of plea

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7
Q

Termination of Lawyer/Client Relationship

A

May withdraw from representation if circumstances allow but duty to mitigate and lessen adverse impact upon client

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8
Q

Mandatory Withdrawal

A

Violation
Attorney Health
Client Bad Faith
Discharged by Client

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9
Q

Violation Mandatory Withdrawal

A

MUST withdraw if failure would result in violation of rules of ethics or OTHER LAW
Based upon client’s course of conduct
Client must DEMAND not just suggest

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10
Q

CA Violation Mandatory Withdrawal

A

Must withdraw if knows or reasonably should know rep would result in violation of PR rules and not other law

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11
Q

Attorney Health Mandatory Withdrawal

A

MUST withdraw if physical or mental condition MATERIALLY IMPAIRS ability to represent client

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12
Q

CA Attorney Health Mandatory Withdrawal

A

Physical or mental condition renders UNREASONABLY DIFFICULT to carry out effective rep

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13
Q

Client Bad Faith Mandatory Withdrawal

A

Lawyer knows or reasonably should know client is asserting claim or defense without probable cause for purpose of harassing or maliciously injuring person

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14
Q

Discharge by Client Mandatory Withdrawal

A

Has absolute right to discharge for any reason if client has severely diminished capacity
Lawyer MAY take reasonably necessary protective action to guard client’s interests

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15
Q

No Harm Permissive Withdrawal

A

Can do so without harming the client

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16
Q

CA No Harm Permissive Withdrawal

A

Not allowed

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17
Q

Harm to client Permissive Withdrawal

A

Client persists in course of action reasonably believes criminal or fraudulent
Learns client used previous services to perpetrate crime or fraud
Insists on course of action lawyer finds repugnant or fundamental disagreement
Client fails substantially to fulfill obligation regarding services
Rep will result in unreasonable financial burden
Client has made representation unreasonably difficult for lawyer, or
Other good cause exists

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18
Q

CA Harm to client Permissive Withdrawal

A

Client insists on presenting claim or defense not warranted under law and cannot be supported by good-faith argument for an extension, modification, or reversal of law
Client seeks to pursue criminal or fraudulent course of conduct or has used lawyer’s services to advance
Client insists lawyer pursue course of conduct criminal or fraudulent
Client renders unreasonably difficult to carry out rep effectively
Client breaches material term with lawyer relating to rep
Client knowingly and freely assents
Inability to work with co-counsel indicates best interests of client likely served by withdrawal
Lawyer’s mental or physical condition renders difficult for lawyer to carry out rep effectively
Continuation of rep likely to result in violation of these rules or SBA, or
Lawyer believes in good faith other good cause

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19
Q

Procedure to Withdraw

A

Must give client reasonable notice
Prior to withdrawing and get court approval
If litigation is pending

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20
Q

MR Procedure to Withdraw

A

Court order may require continuation of rep

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21
Q

Duties Upon L/C Termination

A

Take reasonable measures to minimize harm done to client and return all papers and property and refund any part of a fee paid not earned

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22
Q

CA Duties Upon L/C Termination

A

True retainer does not have to be refunded used to ensure availability of lawyer for matter

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23
Q

MR Fees

A 
Must charge fees reasonable 
Under circumstances
Court considers 
Difficulty of case
Preclusion of other employment
Nature of relationship and fee arrangement
Expertise of attorney
Fee charged in locality
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24
Q

CA Fees

A

Not charge illegal or unconscionable fees

Unconscionability based upon facts and circumstances existing at time agreement

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25
Q

CA Factors Fee Unconscionabile

A

Lawyer engaged in fraud or overreaching in negotiating or setting fee
Lawyer failed to disclose material facts
Amount of fee in proportion to value of service
Relative sophistication of lawyer and client
Novelty and difficulty of questions involved
Likelihood avoidance of other employment
Amount involved and results obtained
Time limitations imposed
Nature and length of prof relationship with client
Experience, reputation, and ability of lawyer
Fee is fixed or contingent
Time and labor required and
Client gave informed consent to fee

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26
Q

CA Fee Writing Req

A

K for services required in writing when reasonably foreseeable total expenses will exceed $1,000 unless client is corp or client knowingly states in writing w/ full disclosure, not want a written agreement

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27
Q

MR Contingent Fees

A

Must be in writing
Signature of client
Calculation methodology of fee, and details of calculation for expense deductions

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28
Q

CA Contingent Fees

A

Must provide duplicate copy of k signed by both lawyer and client, and writing must include:
Statement of rate
Statement of disbursements and costs incurred will affect contingency
Statement regarding extent to which client be required to compensate for related matters
If med mal, statement that statutory limits are maximum permitted
If not med mal, statement fee not set by law but negotiable

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29
Q

CA Exception Contingent Fees

A

Agreements of workers’ compensation or

Between merchants

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30
Q

Fee Splitting Lawyers in Same Firm

A

May legitimately share or split fees
Entered by any of them and
May be shared with attorney who has retired

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31
Q

MR Fee Splitting Lawyers from Different Firms

A

Fee splitting is permitted if fee in proportion to services rendered by each lawyer or jointly responsible
Client agrees in writing to fee-splitting arrangement, and total fee charged reasonable

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32
Q

CA Fee Splitting Lawyers from Different Firms

A

Fee may not be shared between firms unless lawyers enter agreement to divide fee
Client has consented after disclosure including identity of lawyers, and total fee charged not increased solely by reason of agreement to split fees

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33
Q

Referral Fees

A

Generally prohibited to anyone recommending lawyer’s services, unless paying fees of legal services plan or approved lawyer-referral service
Lawyer who performs service for client prior to referral may be reasonably compensated

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34
Q

Former Partner Referral Fees

A

Profit sharing or retirement plans allowed

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35
Q

Non Lawyers Referral Fees

A

No partnership may be made w/ non-lawyers if law

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36
Q

Exceptions Non Lawyers Referral Fees

A

Paid lawyer’s estate or death benefit
Lawyer purchases practice of lawyer pays agreed upon price to estate
Shared through compensation or retirement plan
Lawyer shares court-ordered fees with non-profit employed or retained lawyer

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37
Q

CA Referral Fees

A

Must not compensate, promise or give anything of value to person
May offer or give gift or gratuity to person having made recommendation so long as was not given in consideration of any promise, agreement, or understanding

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38
Q

Client Fund Accounts

A

Must be deposited in client account
Flat fee may be deposited in operating acct if law firm discloses in writing client has right to require it be deposited in trust acct until earned and client entitled to refund of fee paid not earned

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39
Q

L/C Privilege PR

A

Protects confidential comm between client and his attorney

Client holds privilege and continues indefinitely surviving end of representation and death

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40
Q

CA L/C Privilege PR

A

Privilege terminates when client’s estate settled and personal rep is discharged

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41
Q

Confidential L/C Privilege

A

Must be intended confidential

If made in knowing presence of 3rd party, generally destroys privilege unless rep of either

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42
Q

Communication L/C Privilege

A

Must be for seeking legal advice or rep but lawyer not required to give advice or agree to rep for privilege to exist

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43
Q

Exceptions to Privilege

A

Future Crime or Fraud
Dispute Between Client and Attorney
Parties Claiming Through Deceased Client
Substantial Bodily Injury or Death

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44
Q

CA Exceptions to Privilege Crime/Fraud

A

Applies to anyone, not just client

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45
Q

CA Exceptions to Privilege Sub SBI or Death

A

Lawyer reasonably believes necessary to prevent criminal act lawyer reasonably believes likely to result in death or substantial bodily harm of individual

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46
Q

Work Product Doctrine PR

A

Discoverable only if court determines denial will unfairly prejudice party seeking it

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47
Q

CA Work Product Doctrine PR

A

Reflects lawyer’s impressions, conclusions, opinions, or legal research or theories
Not discoverable under any circumstances

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48
Q

Duty of Confidentiality

A

Unless authorized by informed consent or impliedly authorized in order to carry out rep

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49
Q

MR Duty of Confidentiality

A

Protected info regardless of source or info that could reasonably lead to discovery of such info by 3rd party

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50
Q

CA Duty of Confidentiality

A

Maintain inviolate confidence, and at every peril to himself preserve secrets of client.

Not protected if by person who consults lawyer w/out good faith intention to retain lawyer after lawyer states she is unwilling or unable to rep person or w/out reasonable expectation lawyer will be retained

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51
Q

Exception Duty of Confidentiality

A

Death or SBI reasonable belief necessary
Substantial financial harm
Advice about compliance
Controversy between lawyer & client

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52
Q

MR Exception Duty of Confidentiality

A

Reasonably certain
Met if death imminent or if present and substantial threat person will suffer harm at later date unless lawyer takes action

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53
Q

CA Exception Duty of Confidentiality

A

Reasonably necessary to prevent criminal act lawyer reasonably believes will result in death or SBI
No more than necessary to prevent act
Must make good-faith effort to persuade client not to commit and inform client of lawyer’s ability to reveal

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54
Q

Substantial Financial Harm Exception Duty of Confidentiality

A

MAY reveal info concerning rep to extent lawyer reasonably believes necessary to prevent client from committing reasonably certain to result in SBI to financial interests or property of another
May also be revealed to prevent, mitigate, or rectify SBI to fin interest or property

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55
Q

Advice about Compliance Exception Duty of Confidentiality

A

May reveal info if securing confidential legal advice about personal responsibility to comply w/ MR

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56
Q

Controversy between Lawyer & Client Exception Duty of Confidentiality

A

To extent reasonably believes necessary

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57
Q

COI

A 
Lawyer/Client
Current Client Conflict
Current and Former Client Conflict
Prospective Clients
Influence by 3rd Parties
ARM
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58
Q

Lawyer Client Conflict COI

A

If significant risk rep may be materially limited by lawyer’s own interest unless reasonably believes will be able to provide competent and diligent rep to affected client
Rep not prohibited by law, and affected client gives informed consent confirmed in writing

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59
Q

Types Lawyer Client Conflict COI

A 
Opposing Parties Related
Sexual Relations
Relationship to Party or Witness
Lawyer as a Witness
Acquiring an Interest in Litigation
Financial Assistance to Client 
Entering Business Transactions with Clients
Agreement to Limit Malpractice Recovery
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60
Q

MR Opposing Parties Related COI

A 
Lawyer related to another lawyer 
May not rep client in matter
Lawyer is rep another party unless 
Each client gives informed consent
Disqualification personal and not imputed
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61
Q

CA Opposing Parties Related COI

A

Not permitted to rep a client in matter
Lawyer knows or reasonably should know
Another party’s lawyer is family
Lives with lawyer, is client of lawyer, or
Has an intimate relationship w/ lawyer unless
Lawyer first informs client in writing of relationship

62
Q

Sexual Relations COI

A

Prohibited unless consensual sexual relationship
Existed between lawyer and client when
L/C relationship commenced
Conflict personal and not imputed

63
Q

CA Exception Sexual Relations COI

A

When client is lawyer’s spouse or
Registered domestic partner
Cannot waive conflict

64
Q

Relationship to Party or Witness COI

A

Not permitted to rep client in matter
Lawyer has, or knows other lawyer in firm has
Legal, business, financial, professional, or
Personal relationship w/ or responsibility to
Party or witness in same matter unless
Lawyer first informs client in writing of relationship

65
Q

Lawyer as a Witness COI

A

May be disqualified from rep if likely

Necessary witness in action

66
Q

MR Lawyer as a Witness COI

A

Unless relates to uncontested issue
Relates to nature & value of legal services or
Would put substantial hardship on client

67
Q

CA Lawyer as a Witness COI

A

Same as MR but also if

Obtained client’s informed written consent

68
Q

Acquiring an Interest in Litigation COI

A

MUST not obtain proprietary interest in

Cause of action or subject matter except acquires lien granted to secure payment or K for reasonable contingent fee

69
Q

MR Financial Assistance to Client COI

A

Prohibited from financially assisting except advance litigation costs to client
Client remains ultimately liable but can be contingent upon outcome of case
If client indigent, lawyer may advance court costs & litigation expenses
Regardless if funds will be paid

70
Q

CA Financial Assistance to Client COI

A 
Not permitted to directly or indirectly 
Pay or agree to pay expenses of 
Prospective or existing client
Allowed w/ client consent to pay 
3rd parties from funds collected
71
Q

Entering Business Transactions with Clients COI

A

Must not enter into business transaction w/ client
Or knowingly acquire interest adverse to client unless
Terms in writing, are fair, & client understands

72
Q

Exceptions Entering Business Transactions with Clients COI

A

Standard commercial transactions between
Lawyer and client for products or services
Generally markets to others

73
Q

Literary or Media Rights COI

A

Prohibited from negotiating literary or
Media rights relating to rep
Prior to conclusion of rep

74
Q

Gifts COI

A

Must not solicit or prepare instrument
Gives substantial gift to lawyer or
Person related to lawyer unless
Client is related to lawyer

75
Q

CA Gifts COI

A

May prepare instrument if client

Advised by independent counsel

76
Q

MR Agreement to Limit Malpractice Recovery

A

May limit malpractice recovery if client

Rep by independent lawyer

77
Q

CA Agreement to Limit Malpractice Recovery

A

Prohibited from making agreement

Prospectively limiting malpractice liability

78
Q

Current Client Conflict

A

Must not rep client if doing so would be
Directly adverse to interests of current client or
If there is significant risk rep will be materially
Limited by lawyer’s responsibilities to current client

79
Q

Exception Current Client Conflict

A

Reasonably believes able to provide competent and diligent rep w/ subjective and Objective
Not prohibited by law
Rep not involve assertion of claim by 1 client against another and each affected client gives
MR: informed consent, confirmed in writing for MR or
CA: informed written consent

80
Q

MR Using Info Current Client Conflict

A

Must not use info relating to rep
To disadvantage of client unless
Informed consent, confirmed in writing

81
Q

CA Using Info Current Client Conflict

A

Must not use client’s info protected by SBA
To disadvantage of client unless
Informed written consent

82
Q

Current and Former Client Conflict

A

Previously rep client in matter must not
Subsequently rep another person in same or
Substantially related matter unless
Informed consent, confirmed in writing

83
Q

Switching Private Firms

A

Not permitted to knowingly rep person in same or substantially related matter when previous firm rep client whose interests materially adverse to person or about whom lawyer acquired confidential info material to matter
Former client informed consent, confirmed in writing
CA: informed written consent

84
Q

MR Disqualification of New Firm

A

Not imputed to new firm if disqualified lawyer timely screened and no fee written notice given to former client, and certification of compliance w/ ethical rules and screening procedures provided to former client

85
Q

CA Disqualification of New Firm

A

Not imputed to new firm if:
Prohibited lawyer not substantially participate in same or substantially related matter
Disqualified lawyer timely screened and no fee, and
Written notice given to former client

86
Q

Limitation to Old Firm

A

Not prohibited from subsequently rep a person w/
Interests materially adverse to a client rep by
Formerly lawyer & not currently rep by the firm unless matter is same or substantially related any lawyer remaining has confidential material info

87
Q

Former Gov’t Lawyers

A

Prohibits former gov’t lawyer from rep
Client in matter lawyer participated personally and
Substantially as gov’t lawyer, unless gov’t gives informed consent, confirmed in writing
CA: informed written consent
Disqualification of New Firm

88
Q

Exception of Disqualification to New Firm of Former Gov’t Lawyers

A

Timely screened from matter and no fee, and

Written notice promptly given to gov’t agency

89
Q

Imputed Disqualification

A

May be waived by client if:
Lawyer reasonably believes able to provide competent & diligent rep
Rep not prohibited by law
Rep does not involve claim by 1 client against another client
Gives informed consent, confirmed in writing
CA: informed written consent

90
Q

Exceptions to Imputed Disqualification

A

Personal conflicts not imputed

91
Q

Prospective Clients COI

A

May not rep client w/ interests
Materially adverse to prospective client
In same or substantially related matter if
Lawyer received info from prospective client
That could significantly harm that person

92
Q

CA Prospective Clients COI

A

Info received “material to the matter” and does not need to be “significantly harmful”

93
Q

Exceptions Prospective Clients COI

A

Informed written consent or limited exposure, screening & notice

94
Q

3rd Party Payments COI

A

Permitted but lawyer must not permit
Person who recommends, employs, or
Pays lawyer to render legal services for another to
Direct or regulate lawyer’s prof judgment

95
Q

Req of 3rd Party Payments COI

A

May not accept payment from 3rd parties unless client gives informed consent
No interference w/ lawyer’s prof judgment, and confidentiality preserved

96
Q

CA 3rd Party Payments COI

A

Obtain informed written consent

97
Q

Org as Client

A

Owes duties of loyalty & confidentiality to org may rep both org and its constituents when no conflict exists
Duty to explain identity of client and
May not mislead constituents

98
Q

Misconduct of Org as Client

A

Upon learning of action violation likely cause substantial injury to org
Must proceed as reasonably necessary in best interest of org

99
Q

Reporting w/in Organization

A

Unless reasonably believes not in best interest of org

MUST refer matter to higher authority in org

100
Q

CA Reporting w/in Organization

A

Must not reveal info protected by SBA

101
Q

MR Reporting Outside of the Organization

A

If reported to highest authority and
Authority fails to address in timely manner, or
Refuses to act in clear violation of law and
Lawyer reasonably believes violation
Reasonably certain to result in SBI to org
MAY reveal info but only to extent
Reasonably believes necessary to prevent

102
Q

CA Reporting Outside of the Organization

A

MUST proceed as reasonably necessary but
CANNOT report outside org but
May resign or withdraw

103
Q

COI ARM

A 
MUST not represent anyone in matter 
Lawyer participated personally & substantially as
Judge or other adjudicative officer
Unless all parties to proceeding give 
Informed written consent
104
Q

MR Competence

A

Obligated to provide competent rep and
MUST possess legal knowledge, skill
Thoroughness, and prep reasonably
Necessary for rep

105
Q

CA Competence

A

Must not intentionally, recklessly, w/
Gross negligence, or repeatedly fail to
Perform legal services w/ competence learning and skill, and mental, emotional, and physical ability reasonably necessary for performance

106
Q

Exception to Competence

A

May give advice or assist in matter
Does not have skill ordinarily required if
Association would be impractical if emergency

107
Q

Lacking Competency

A

Must decline or withdraw rep
Become competent w/out unreasonable delay, or
Associate w/ competent counsel

108
Q

Duty of Diligence

A

Must act w/ reasonable diligence and promptness in rep client
Must be dedicated to client’s interests
Keep controlled workload, act w/ reasonable promptness, and follow through on all matters
Not bound to press every advantage

109
Q

CA Duty of Diligence

A

Must not intentionally, repeatedly, recklessly, or w/ gross negligence fail to act w/ reasonable diligence in rep

110
Q

Conduct in Course of Litigation

A 
Avoid Frivolous Claims
Candor to Tribunal
Fairness to Opposing Party/Counsel
Avoid Contact
Threatening Charges
111
Q

MR Avoid Frivolous Claims

A

Prohibited from bringing or defending unless basis in law & fact for doing so not frivolous
Frivolous if not good faith argument on merits
Good faith argument for extension, modification, or reversal of existing law not frivolous

112
Q

CA Avoid Frivolous Claims

A

Must not present claim or defense
Not warranted under existing law, unless supported by good-faith argument for an extension,
Modification, or reversal of law.
6068 forbids lawyer from counseling or maintaining action does not appear legal or just

113
Q

Frivolous Claim Arises

A

Arises if claim brought merely to embarrass, delay, or burden 3rd person or cause for purpose of harassing or maliciously injuring person

114
Q

Exception to Frivolous Claim

A

Defense of person charged w/ crim offense

115
Q

Expedite Litigation

A

Must make reasonable efforts to expedite litigation consistent w/
Interests of client

116
Q

Candor to Tribunal

A

Must not knowingly make false statement of law to court and must correct false statement
Must disclose controlling authority known
That is directly adverse to client and not disclosed by opposing counsel

117
Q

CA Candor to Tribunal

A

Must not knowingly misquote language of book, statute, decision, or other authority

118
Q

Fairness to Opposing Party/Counsel

A

Must not themselves, counsel or assist in unlawfully obstruct another party’s access to evidence or unlawfully alter destroy, or conceal document or other material having potential evidentiary value
Must not fail to make reasonably diligent effort to comply w/ legally proper discovery request of opposing party

119
Q

CA Fairness to Opposing Party/Counsel

A

Cannot suppress evidence lawyer or

Client has legal obligation to reveal or produce

120
Q

Telling to Avoid Contact

A

Must not request person other than client
To refrain from voluntarily giving relevant
Info to another party, unless person is
Relative or employee or agent of client and
Lawyer reasonably believes person’s interests
Will not be adversely affected

121
Q

Threatening Charges

A

Prohibited from threatening to bring criminal,
Administrative, or disciplinary charges in
Effort to obtain advantage in civil dispute

122
Q

Payment to Witnesses

A

May properly pay non-expert witness statutory fee and reasonable expenses incurred for testifying
Expert must be paid only reasonable rate in expert’s profession & compensated for reasonable expenses for testifying
Expert fees cannot be contingent

123
Q

CA Payment to Witnesses

A 
May advance, guarantee, or 
Acquiesce in pmt of expenses 
Reasonably incurred witness to testify
Reasonable compensation for loss of time 
To witness for testifying or 
Reasonable fee for expert witness
124
Q

Fraud/Perjury by a Client or Witness

A

Prohibited from knowingly offering
False evidence and may refuse to
Offer evidence she reasonably believes false

125
Q

MR Fraud/Perjury by a Client or Witness

A

If witness called by lawyer offered
Material evidence and lawyer afterwards
Comes to know of its falsity
Must take reasonable remedial measures
Including persuading witness to withdraw or
Correct statement, and then, withdraw or
Disclose falsity to tribunal

126
Q

CA Fraud/Perjury by Witness

A

Must attempt to dissuade witness and then
May withdraw but CANNOT disclose
Confidential info protected by the rules

127
Q

Fraud/Perjury by Criminal Defendant

A

Must not refuse to offer testimony of crim
Defendant when lawyer reasonably believes
But does not know testimony false

128
Q

MR Fraud/Perjury by Criminal Defendant

A

If testimony KNOWN to be false and client refuses to change their course
Must withdraw and may reveal info to extent reasonably necessary to comply
If the court denies withdrawal must disclose false testimony

129
Q

CA Fraud/Perjury by Criminal Defendant

A

Must attempt to dissuade client from committing perjury
If client refuses, MAY ask to withdraw or may embrace narrative approach and continue to question defendant up to point of falsehood
MUST not rely on perjured testimony in closing

130
Q

Duty to Communicate

A

Duty to communicate with clients
Keeping reasonably informed of status of matter and
Respond to reasonable requests for info
If lawyer receives offer of settlement or plea, must notify client promptly unless client indicated previously proposal will be acceptable or unacceptable, or has authorized lawyer to accept or reject offer

131
Q

CA Duty to Communicate

A

Must keep client reasonably informed about significant developments relating to rep
Must promptly communicate proposed plea or offer in criminal matter, and all terms of written settlement offer in civil matter
Oral offer of settlement must be communicated if “significant development”

132
Q

Ex Parte Communications

A

Not permitted to communicate

Ex parte with judges or jurors unless authorized by law or court

133
Q

Exceptions to Ex Parte Communications

A

Comms involving housekeeping matters or emergency comm authorized by law or court order
After a juror’s duties end contact w/ juror is permitted
UNLESS JDX prohibits it juror expresses desire not or comm involves misrepresentation coercion, duress, or harassment

134
Q

Communications Represented by Counsel

A

Not permitted to comm about
Subject of rep w/ person lawyer KNOWS to be represented unless
Consented to by other lawyer or allowed by law or court order

135
Q

Communications Unrepresented by Counsel

A

Cannot state or imply disinterested when knows or reasonably should know unrepresented person misunderstands lawyer’s role
Must make reasonable efforts to correct misunderstanding
MUST not give legal advice but to secure counsel if lawyer knows or should know interests of such person are or have a reasonable possibility of being in conflict w/ interests of client

136
Q

CA Communications Unrepresented by Counsel

A

Interests must ACTUALLY be in conflict

137
Q

Negotiations Unrepresented by Counsel

A

May negotiate terms of transaction or settlement w/ unrepresented person if has explained lawyer reps an adverse party and not rep person
May also prepare documents for person’s signature and explain own view of meaning of document

138
Q

Trial Publicity

A

Not permitted to make extrajudicial statement
Knows or reasonably should know will be
Disseminated by means of public communication and
Have likelihood of materially prejudicing proceeding

139
Q

Exceptions to Trial Publicity

A

May make statement reasonably believes
Required to protect client from substantial
Undue prejudice from recent publicity
Not initiated by lawyer or client

140
Q

Statements Allowed Trial Publicity

A

Claim, defense, etc.
Info contained in public record
Investigation in progress
Request for assistance in obtaining evid
Warning of danger concerning person involved if reason to believe SBI to individual or public
Identity, residence, occupation, and family, info to aid in apprehending time and place of the arrest, and identity of investigating & arresting officers

141
Q

Special Responsibilities of Prosecutors

A

Obligation to lay charges ONLY when supported by probable cause
See defendant accorded con DP rights
Timely disclose known exculpatory evid tending to disprove guilt of accused or mitigate offense, and
Take precautions to prevent & reverse innocent convictions

142
Q

Advertising PR

A

Not make false or misleading statements about lawyer or services

143
Q

Req of Advertising PR

A

Must include name & office address of
At least 1 lawyer responsible for content
Names of clients only if they consent
Statements about field of practice allowed
Statements about certifications ONLY if true

144
Q

CA Req of Advertising PR

A

Prohibited from guarantees about outcome
Statements can get quick cash or settlements
Impersonations of person other than lawyer
Purporting to be lawyer
Impersonations of person purporting to be client
Use of spokesperson unless disclosure of function offering in other language unless true and
Statement about contingent fees unless indicates whether client liable for costs

145
Q

Solicitation PR

A

Prohibited when significant motive for lawyer’s action is pecuniary gain UNLESS person contacted is lawyer, or has close relationship

146
Q

Mailings/Advertisements PR

A

Labeled “advertising material” UNLESS

Person expressed not to be solicited

147
Q

MR Reporting Misconduct

A

Required to report misconduct of
Another lawyer to appropriate authority when
Actual knowledge of misconduct unless
Obtained as protected confidential info UNLESS
Future-crime exception

148
Q

CA Reporting Misconduct

A

Must report in writing within 30 days of knowledge:
Filing of 3 or more lawsuits in 12-month period
Entry of judgment against lawyer for fraud misrepresentation, breach of duty imposition of judicial sanctions except for discovery or under $1,000
Indictment or info charging lawyer w/ felony
Conviction of lawyer of felony, or misdemeanor w/in practice of law, or where client was victim
Imposition of discipline from occupational disciplinary agency or licensing board, or
Reversal of judgment based on misrepresentation grossly incompetent rep, or misconduct

149
Q

Unauthorized Practice of Law

A

If not admitted to practice in JDX shall not establish office or other systematic and continuous presence in JDX
For practice of law or hold out to public or rep lawyer is admitted to practice there
Lawyer who assists non-lawyer in unauthorized practice
May be subject to civil & crim penalties

150
Q

CA Unauthorized Practice of Law

A

Must not employ, associate in practice with, or assist person lawyer knows or reasonably should know is ineligible person to engage in activities that constitute law
May employe, associate in practice with, or assist disbarred lawyer to perform research drafting, or clerical activities (paralegal)

151
Q

Exceptions to Unauthorized Practice of Law

A

May represent client in JDX pro hac vice if file motion to admission for case

152
Q

Contractual Restrictions Unauthorized Practice of Law

A

May not participate in offering or making partnership, shareholders’, operating, employment, or other similar type of agreement
That would restrict lawyer’s right to practice after termination of relationship, except for agreement concerning benefits upon retirement

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