Privilege and Confidentiality Flashcards
Clients’ names are confidential under ____ but are not _______ because______.
MPC…Attorney-Client Privilege.
….the privilege covers only confidential communications between a client and a lawyer. It does not cover clients’ identities unless disclosing their identities will implicitly reveal their confidential communications.
A lawyer does not get paid. He decides to turn the client’s file over to another experienced lawyer in town and notify the client that he no longer represents him.
Answer choice B is not proper, as MRPC 1.6 provides that a lawyer is prohibited from disclosing information relating to the representation of a client unless the client gives informed consent.
Years after an attorney worked on a joint settlement agreement, the wife asked the attorney to represent her in litigation against the husband based on the claim that the husband was guilty of fraud and misrepresentation in the negotiations for the prior settlement agreement.
Is it proper for the attorney to represent the wife in this matter?
No, because the attorney had previously acted for both parties in reaching the agreement now in dispute. Unless the husband, a former client of the attorney, gives informed consent in writing, it would not be proper for the attorney to represent the wife in the matter.
An attorney who lives next door to a judge tells a TV reporter he likes her. Is this okay?
The attorney’s expression of good-faith views about a judicial candidate’s qualifications was proper because “[e]xpressing honest and candid opinions on such matters contributes to improving the administration of justice.” MRPC 8.2, cmt. [1]
Parking a car outside of a function with a sign for advertisement is…
Proper as long as you don’t get out of the van.
An attorney challenges a judge’s authority after a lawsuit and then tells the press to look at his past statements about him. Discipline for lessening trust in judiciary?
No. Her reasonable belief in the truth of his statements renders them permissible under the Model Rules.
If the client instructs that particular confidential information be disclosed only to particular lawyers in the firm, the firm …
..must abide by that instruction.
Once you read the call as must or should and determine the rule from the prompt….
find your answer in a glance.
Under MRPC 1.8(f), a lawyer may not accept payment for representation from someone other than the client, unless …
MRPC 1.8(f) requires that in order for a lawyer to accept payment for representation from someone other than the client, there must be no interference with the lawyer’s professional judgment and there must be informed consent by the client.
A lawyer wants to contribute to the COMMITTEE of a judge up for re-election that she argues before…
Neither the Model Rules nor the Code of Judicial Conduct prohibits campaign contributions by lawyers who practice before a court to which a candidate for judicial office seeks election.
A judge decided to appoint special masters in all such proceedings, regardless of their nature and complexity, and decided that compensation for such appointees would be at a reasonable hourly rate. The judge believed that this practice would ensure competent and impartial handling of every proceeding. The judge further decided to use published law directories to compile a list of qualified prospective appointees.
The practice of making appointments without reference to need results in unnecessary appointments and is therefore prohibited by 2007 CJC Rule 2.13(A)(2)
Do emergency responses only have to be for relatives?
Under MRPC 1.1, a lawyer may give advice on an emergency basis when referral or consultation with another lawyer is not possible. An emergency phone call from jail is one of those kinds of cases in which a lawyer may give advice even though the lawyer does not know criminal law. But for any additional work, the lawyer must become competent or find another lawyer to take on the matter, which the attorney did in this case. Answer choice B is incorrect because nothing in the rules makes conduct proper merely because the services are performed for relatives.
What are the guidelines for receiving gifts?
The attorney violated MRPC 1.8(a), which provides that a lawyer may not enter into a business transaction with a client unless the transaction is fair and reasonable, and unless the lawyer complies with procedural requirements, such as giving written advice about the desirability of seeking independent legal advice and obtaining informed consent.
Judge’s panda thumb rule.
CJC Rule 2.5(A), a judge is required to perform judicial and administrative duties diligently, which includes monitoring and supervising cases in ways that reduce or eliminate dilatory practices, avoidable delays, and unnecessary costs.
MUST you withdraw if you believe a client persists and insists on criminal conduct.
ONLY IF YOU HAVE ACTUAL KNOWLEDGE. You MAY if you reasonably believe.
