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MPRE > Professional Independence of a Lawyer > Flashcards

Professional Independence of a Lawyer Flashcards

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MPRE flashcards
1
Q

A lawyer ____ not share legal fee with a nonlawyer.

A

Must

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2
Q

Lawyer L wants to practice law part-time, doing work for law firms that need extra temporary help. L gives copies of her resume to LawTemp, Inc., a placement agency that is owned
by nonlawyers. When law firms need extra help, they call LawTemp, which sends them
resumes of several available lawyers. By this route, L obtains temporary work at a firm that
agrees to pay her $100 per hour for her work and to pay LawTemp a “placement fee” equal
to 5% of the total amount it pays to L. The law firm’s bill to its client includes the amount
the firm pays to L and the “placement fee” paid to LawTemp.

Is this proper?

A

Yes - it is not fee splitting.

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3
Q

Can a firm pay a death benefit to the dead lawyers estate or family?

A

Yes - over a reasonable period of time.

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4
Q

The R, S & T firm set up a death benefit program. After a partner or associate dies, the
firm will make monthly payments to her estate for three years after the death, each payment to equal 40% of her average monthly income during the year before death.

Is this proper?

A

Yes

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5
Q

True or False: nonlawyer employees of a firm may be included in a compensation or retirement
plan even though the plan is based on a profit-sharing arrangement

A

True

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6
Q

True or False: One who buys the practice of a dead, disabled, or disappeared lawyer may
pay the purchase price to the estate or representatives of the lawyer.

A

True

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7
Q

When a court awards attorneys’ fees to the winning lawyer in a case, the lawyer ______
share the fee with a nonprofit organization that hired or recommended him as counsel.

A

May

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8
Q

A lawyer must not form a partnership with a nonlawyer if…

A

any part of the partnership activities will constitute the practice of law.

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9
Q

Family lawyer F formed a partnership with marital psychologist P; their purpose was to
offer a full range of counseling and legal services to family clients. All of the legal work
was done by F, and all of the other counseling was done by P—neither transgressed into the
domain of the other.

If F subject to discipline?

A

Yes, F is subject to discipline because part of the partnership
activity constitutes the practice of law.

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10
Q

Under what circumstances can a lawyer not practice in a firm or association for profit if:

A

(i) A nonlawyer owns any interest in the firm or association (but, when a lawyer dies, her
estate may hold an interest during the administration of the estate);

(ii) A nonlawyer is a corporate director or officer or the equivalent thereof; or
(iii) A nonlawyer has the right to direct or control the professional judgment of a lawyer.

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11
Q

M is a nonlawyer. She is the business manager of W, Y & U Ltd., an incorporated law firm.
As business manager, she keeps the firm’s calendar, does the firm’s accounting, hires, fires,
and supervises all of the firm’s nonlawyer employees, procures all of the firm’s supplies and
equipment, and runs the firm’s library.

Can M become a shareholder in the firm?

A

No violates the rules.

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12
Q

A lawyer must not allow a person who recommends, employs, or pays her for serving a client
to direct or regulate …

A

the lawyer’s professional judgment

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13
Q

A lawyer ______ make nor offer a partnership or employment or similar agreement that
restricts a lawyer’s right to practice after termination of the relationship.

A

Must neither

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14
Q

When can a restriction be imposed on the right to practice law?

A

When the agreement concerns benefits upon retirement.

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15
Q

Oakville practitioner A employed young lawyer L by an agreement that purported to prohibit L from practicing in Oakville after leaving A’s employment.

Who is subject to discipline?

A

Both parties.

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16
Q

Sixty-four-year-old solo practitioner S took young lawyer Y in as a partner. Their partnership agreement provided that after S retired, the firm would pay S a retirement benefit of
$5,000 per month so long as S did not re-enter the practice of law.

Is this proper?

A

Yes

17
Q

A lawyer _____ make nor offer an agreement in which a restriction on the lawyer’s
right to practice is part of the settlement of a client controversy.

A

Must neither

18
Q

What are the rules regarding the sale of a firm?

A

(i) the seller must cease to
engage in the private practice of law, or in the sold field of practice, in the area where the
practice has been conducted

(ii) the entire practice, or the entire field of practice, must be sold to one or more lawyers or firms

19
Q

What are client’s rights when a practice area or firm is sold?

A

Must receive written notice of their rights to go with other counsel or take their files.

Must be told that consent will be presumed if no response is received in 90 days.

20
Q

What is the option if notice cannot be given to a cient?

A

A court order is required to authorize the transfer.

21
Q

What is the Seller’s standard when selling a firm?

A

the seller must “exercise competence in identifying a purchaser qualified to assume the practice.

22
Q

True or False:After the sale of his practice, a lawyer may still be employed as a lawyer on the staff
of a public agency or legal services entity that provides legal services to the poor, or
as in-house counsel to a business

A

True

23
Q

True or False: lawyer’s return to private practice because of an unanticipated change in circumstances
necessarily violate the Rules

A

False - it does not.

24
Q

A purchase ___ undertake all client matters in the practice they are buying.

A

Must.

25
Q

Client fees ____ increase because of a sale.

A

Must Not.

26
Q

The purchaser ___ honor existing fee agreements made by seller.

A

Must.

27
Q

Lawyers ____ permitted to provide law-related services. Law-related services (often referred
to as ancillary services) are services that might reasonably be performed in conjunction with
(and are related to) the provision of legal services and that are not prohibited as unauthorized
practice of law when provided by a nonlawyer.

A

Are

28
Q

If a lawyer provides nonlegal services in circumstances that are not distinct from her provision of legal services, what rules apply?

A

Then the Rules of Professional Conduct apply to both the legal and nonlegal services.

29
Q

If a lawyer provides nonlegal services through an entity that is not her law office but that she
controls (either alone or with other lawyers), what is the lawyer required to do?

A

That lawyer must take reasonable steps to assure
that people who receive the nonlegal services understand that those services are not legal
services and that the Rules of Professional Conduct do not cover those services.

30
Q

What happens if in nonlegal services, the lawyer doe not tell the client that RPC does not cover those services?

A

If the lawyer does not
take those reasonable steps, then the lawyer is subject to the Rules of Professional Conduct
with respect to the nonlegal services.

31
Q

If a client/lawyer relationship exists between a lawyer and individual receiving legal service, what conditions must be met with respect to the business transaction between the parties?

A
  1. the terms of the transaction must be fair to the client; 2. the terms must be fully disclosed to the client in writing, and such disclosure must cover the
    essential terms of the transaction and the lawyer’s role in the transaction;
    3.the client must be advised in writing that he should seek advice from an independent lawyer regarding the
    arrangement; and
  2. the client must give informed consent in a writing signed by the client.
32
Q

Can a non-lawyer have an interest in or control a law firm?

A

No

33
Q

Can there be any restriction regarding the right to practice law?

A

No - both parties can be disciplined.

34
Q

Can a settlement agreement for a client restrict an attorneys right to practice or bring suit?

A

No

35
Q

When do the rules of professional resp. apply to non legal work?

A

When services are not distinct from legal services - provided together.

When lawyer owns or controls entity providing service and does not take steps to ensure recipients understand the protections of atty/client not apply.

MPRE (22 decks)

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