Professional Responsibility Flashcards
1
Q
Offers that must be communicated to client
A
- Settlement offers (absent prior agmt)
2. Plea bargains
2
Q
Grounds for mandatory withdrawal
A
- Violation of PR rules
- Harassment
- Atty impairment
- Discharge
3
Q
Payment when fired
A
- Atty deserves payment unless fired for cause
4
Q
Permissive withdrawal
A
- Reasonable believe that C is pursuing fraud/crime
- Services were used in C’s fraud/crime
- C’s action is repugnant
- Unreasonable burden (bad deal not enuf)
- C fails to pay
- Good cause
5
Q
Atty lien
A
You can withhold C’s property if you are owed a fee –> but can’t harm C
6
Q
Reasonable rate factors
A
- Time
- Novelty
- Amount in controversy
- Nature of relationship
- Precluding other employment
7
Q
When are fee agmts required to be in writing
A
- Marital matters
2. Fees greater than 3K
8
Q
No contingent fees in . . .
A
domestic matters and criminal cases
9
Q
Biz tranz and taking a security interest in C property
A
- Writing
- Fair and reasonable
- Advice C in writing re: outside counsel
- C signs w/ informed consent
10
Q
Confidentiality includes:
A
- A-C privilege
- Embarrassing or detrimental
- Requested to be confidential
11
Q
Waivable conflicts
A
- Informed consent in writing
- A must reasonably believe that representation will not be adversely affected
- All affected Cs must waive
12
Q
Special conflicts
A
- Related lawyers can’t oppose one another
- No sex in domestic rel matters or w/ control group
- Ls can’t be Ws
13
Q
Former Cs irrebuttable presumption of conflict
A
- related to prior matter?
- Could A learn valuable info?
- Info useful in current litigation?
If YES to each —> NO GO
14
Q
Imputed disqualification
A
Cootie rule generally governs unless:
- informed consent in writing
- Conflict is personal in nature (sex)
15
Q
Limit malpractice?
A
VOID
16
Q
Real time solicitation
A
Direct contact to solicit biz is prohibited but volunteer OK
17
Q
Squeal rule
A
actual K is required
