Professional Conduct Flashcards
Deceptive Conduct (VSB Rule 4.3)
Lawyers must avoid making statements or taking actions that imply they are disinterested in a matter when they are, in fact, representing a client.
Methods of Obtaining Evidence (VSB Rule 4.4(b))
Lawyers are prohibited from using methods of obtaining evidence that violate the legal rights of third parties.
Dishonesty and Misrepresentation (Rule 8.4(c))
A lawyer must not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Reasonable Fee (VSB Rule 1.5)
A lawyer must charge a reasonable fee.
Trust Account (VSB Rule 1.15)
When a lawyer receives advance payment for services, the funds should be held in a trust account until the legal work is completed.
Refunding Fees (VSB Rule 1.16(d))
If a lawyer receives advance fees that have not been earned, they must refund those fees.
Withdrawal Due to Impairment (Rule 1.16(a))
A lawyer must withdraw from representation if their physical or mental condition materially impairs their ability to represent the client.
Withdrawal with Leave of Court (Rule 1.16(c))
A lawyer cannot withdraw from representing a client before a court without first obtaining permission from the court.
Withdrawal Without Adverse Effect (Rule 1.16(b))
A lawyer may withdraw if it does not have a material adverse effect on the client’s interests.
Return of Client File (Rule 1.16(e))
When a lawyer withdraws from representation, they must give the client a copy of their file upon request, whether or not the client has paid all owed fees. This includes client documents and any attorney work product, except materials intended for internal use.
Failure to Respond to Disciplinary Authority (VSB Rule 8.1)
Lawyers must respond to lawful demands for information from a disciplinary authority.
Conflict of Interest (Rule 1.7):
A lawyer must not represent a client if doing so creates a conflict of interest.
Confidentiality (Rule 1.6)
A lawyer has a duty to protect the confidentiality of information relating to the representation of a client.
What should a lawyer not counsel a client to do?
Engage in conduct that the lawyer knows is criminal or fraudulent.
Under Rule 1.4, what must a lawyer keep a client informed about?
The status of a matter.
What factors determine the reasonableness of a lawyer’s fee according to Rule 1.5?
- Time and labor required
- Novelty and difficulty of the questions
- Skill requisite to perform the legal service
- Likelihood of precluding other employment
- Customary fees in the locality
- Amount involved and results obtained
- Time limitations imposed by the client
- Nature and length of the professional relationship
- Experience, reputation, and ability of the lawyer
- Whether the fee is fixed or contingent.
True or False: A lawyer’s fee must be adequately explained to the client.
True.
Fill in the blank: A lawyer shall not enter into an arrangement for a contingent fee in a _______.
domestic relations matter
What must a lawyer do when the client has not regularly been represented regarding fees?
Communicate the amount, basis, or rate of the fee preferably in writing.
What must a lawyer do if a client intends to commit a crime that could result in substantial bodily harm?
Promptly reveal the intention and necessary information to prevent the crime.
What conditions must be met for a lawyer to represent multiple clients with a concurrent conflict of interest?
- Reasonable belief of competent representation
- Not prohibited by law
- No claim asserted by one against another in the same proceeding
- Informed consent from each affected client.
According to Rule 1.7, what must be discussed with clients in cases of joint representation?
- Limitations on the scope of representation
- No attorney-client privilege between commonly represented clients
- The need to withdraw from representation if a conflict arises.
What is a lawyer prohibited from doing in a business transaction with a client under Rule 1.8?
Entering into a transaction unless it is fair, reasonable, fully disclosed, and consented to in writing.
What must a lawyer do when representing a former client in a substantially related matter? (1.9(a))
A lawyer shall not represent another person in the same or a substantially related matter if that person’s interests are materially adverse to those of the former client, unless both the present and former client consent after consultation.
What is a lawyer prohibited from doing under Rule 3.1?
Bringing or defending a proceeding without a non-frivolous basis.
What actions are prohibited under Rule 3.4 regarding access to evidence?
- Obstructing access to evidence
- Altering, destroying, or concealing documents.
Under Rule 4.2, when can a lawyer communicate with a person represented by another lawyer?
Only with the consent of the other lawyer or as authorized by law.
True or False: The rule prohibits communications with a former constituent of an organization.
False.
What must a lawyer avoid when communicating with a current or former constituent of an organization?
Using methods that violate the legal rights of the organization.
Continuing Duty of Loyalty and Confidentiality
Obligations to former clients persist even after the client’s death.
Testamentary Exception to Attorney-Client Privilege
Allows beneficiaries in a dispute to access privileged communications of a deceased testator.
Lawyer as Likely Necessary Witness
A lawyer shall not act as an advocate in an adversarial proceeding in which the lawyer is likely to be a necessary witness.
