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Professional Responsibility > Professional Responsibility > Flashcards

Professional Responsibility Flashcards

1
Q

Model Rule 8.1

A

Bar admission and disciplinary matters
- an applicant for admission to the bar, or a lawyer in connection with a bar admission application or connection with a disciplinary matter, shall not:
(a) knowingly make a false statement of material fact OR
(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for the information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by 1.6

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2
Q

Model Rule 8.4(g)

A

Misconduct - Discrimination or Harassment

It is professional misconduct for a lawyer to:
(g) engage in a conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline, or withdraw from a representation in accordance with the rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with the rules.

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3
Q

MR 1.2(d)

A

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct

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4
Q

MR 8.4

A

Professional misconduct for a L to:
(a) violate or attempt to violate the rules, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on L’s honesty, trustworthiness or fitness, (c) engage in conduct involving dishonesty, fraud, deceipt or misrepresentation, (d) engage in conduct that is prejudicial to administration of justice

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5
Q

MR 8.3

A

Reporting Professional Misconduct

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6
Q

MR 5.1

A

Responsibilities of partners and supervisors; liability for the actions of subordinate lawyers

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7
Q

MR 5.2

A

Liability of subordinate lawyers

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8
Q

MR 5.3

A

Liability for the actions of non-lawyers

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9
Q

MR 1.1

A

Competence

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10
Q

MR 1.3

A

Diligence

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11
Q

MR 1.4

A

Candor and communication

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12
Q

MR 1.2(C)

A

Limiting the scope of representation BUT some limitations like competence are not allowed

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13
Q

MR 1.14

A

Client with Diminished Capacity

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14
Q

MR 1.16

A

Declining or Terminating Representation (Mandatory v. Permissive Withdrawal)

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15
Q

MR 1.6

A

Confidentiality

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16
Q

CR 1.6

A

Confidentiality

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17
Q

MR 1.2

A

Allocation of Authority/Consultation

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18
Q

MR 1.2(d)

A

Duty not to counsel on or assist crime or fraud

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19
Q

MR 8.4

A

What counts as misconduct/grounds for discipline

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20
Q

Formation

A

RST 14

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21
Q

MR 1.7

A

Conflict of Interest: Current Clients (concurrent conflicts)

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22
Q

MR 1.8

A

Conflict of Interest: Current Clients: Specific Rules

23
Q

MR 1.9

A

Duties to Former Clients

24
Q

MR 1.10

A

Imputation of Conflicts of Interest: General Rules

25
Q

MR 1.11

A

Special Conflicts of Interest for Former and Current Gov Officers and Employees

26
Q

MR 1.13

A

Organization as Client

27
Q

MR 1.18

A

Duties to Prospective Clients

28
Q

MR 1.10(a)

A

General imputation rule

29
Q

MR 1.10(a)(1)

A

Exception to imputation rule when the basis of the conflict is a personal interest of the lawyer.

30
Q

MR 1.10(a)(2)

A

Exception to imputation rule for former client conflicts when a lawyer has changed firms.

31
Q

MR 1.10(b)

A

Imputation for a firm after a conflicted lawyer has left the firm.

32
Q

MR 1.10(c)

A

All of this is waivable, under the same test as 1.7

33
Q

MR 1.0(k)

A

Definition of “Screened”

34
Q

MR 1.13

A

Organization as client

35
Q

CR 1.13

A

Organization as Client

36
Q

MR 1.8(f)

A

A lawyer shall not accept compensation for representing a client from one other than the client unless:

37
Q

MR 1.5

A

Legal Fees

38
Q

MR 1.15

A

Lawyer as custodian of client property

39
Q

MR 1.8

A

Current Conflicts: Specific Rules

40
Q

MR 1.5(a)

A

Fees must be reasonable

41
Q

MR 5.4

A

Fee Sharing Arrangements: Non-Lawyers

42
Q

MR 1.8(a)

A

A L shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest unless:

43
Q

MR 1.8(d)

A

Literary or Media Rights

44
Q

MR 1.8(e)

A

Financial assistance to clients and indigent clients

45
Q

MR 1.8(f)

A

Third party payers for client

46
Q

MR 1.8(g)

A

Aggregate settlement agreements

47
Q

MR 1.8(h)

A

Limiting malpractice liability (prohibited unless…)

48
Q

MR 1.8(i)

A

L shall not acquire a proprietary interest in the cause of action or subject matter of litigation unless to acquire a lien to secure L’s fee or contract with client for a reasonable contingent fee

49
Q

MR 1.8(j)

A

A L shall not have sexual relations with a client unless consensual sexual relationship existed when the client-lawyer relationship commenced.

50
Q

MR 1.8(k)

A

While lawyers are associated in a firm, a prohibition in (a) through (i) that applies to any one of them shall apply to ALL of them aka imputation

51
Q

MR 3.1

A

Meritorious claims and contentions

52
Q

FRCP 11

A

Sanctions for frivolous pleadings

53
Q

MR 3.3

A

Candor toward tribunal

54
Q
A

Professional Responsibility (1 decks)

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