Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

FLT > Professional Responsibility > Flashcards

Professional Responsibility Flashcards

1
Q

Attorney Fees must be

A

Reasonable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Attorney fee factors

A

time and experience required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Contingency fees must be (5 things)

A

in writing, signed by the attorney and the client, stating the percentage for the attorney, how that percentage is determined and whether the expenses will be paid before or after the percentage is calculated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a reasonable percentage for contingency fees?

A

15-40%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Special contingency fee requirement for Florida

A

The client must be given the Florida Bar’s statement of client rights before signing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

A lawyer may not represent a client if doing so will

A

Materially limit their independent professional judgment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A lawyer may not represent a client … UNLESS (2)

A

the lawyer reasonably believes the representation will not be affected and the client gives informed written consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

A lawyer cannot represent someone whose interests are (2!!)

A

Directly adverse to another client, or if there is a substantial risk that representation would be materially limited

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

No representation of directly adverse interests…UNLESS (1 long, 2 simple)

A

The lawyer reasonably beleives that they can provide competent and diligent representation, representation is not prohibited by law, and each client gives informed written consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

For informed written consent in conflicts (common representation), lawyer must explain

A

implications, advantages and risks of common representation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

A lawyer must not represent another client in the same or substantially related matter if

A

that client’s interests are materially adverse to the former client

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

No representation of adverse to former clients UNLESS (1)

A

the former client gives his informed written consent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

If former client consent is acquired, lawyer still cannot

A

use information from previous representation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

A lawyer cannot acquire an interest

A

that is adverse to a client

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

no adverse interest UNLESS

A

it is a lien to secure attorney’s fees or expenses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

An attorney cannot acquire an interest in the ______ of litigation

A

subject matter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Attorneys owe clients a duty of ____/diligence

A

competence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

attorneys owe clients the duty of __________ (think shhhhh)

A

confidentiality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

An attorney cannot disclose

A

information relating to the representation

20
Q

exceptions to financial assistance

A

Attorney’s can pay for an indigent clients’ court costs and expenses, or pursuant to a contingency fee

21
Q

Can attorney’s provide non-legal advice

A

Attorney’s can provide personal, moral and economic advice

22
Q

Can an attorney enter into business transactions with clients? If so, what are the requirements (2 short, 1 long)

A

An attorney may not enter business transactions with clients unless it is fair, reasonable, and the client gives informed consent after opportunity to seek independent counsel

23
Q

Obligations to unrepresented parties

A

An attorney cannot let someone think they are a disinterested party and must correct the understanding if there is one

24
Q

Can attorney’s give advice to unrepresented parties

A

The only proper advice that an attorney can give to an unrepresented party is to get a lawyer

24
Q

Solicitation main rule

A

An attorney cannot solicit a client for pecuniary gain

24
Q

What about if not for pecuniary gain?

A

An attorney may solicit pro bono

25
Q

Solicitation communications

A

An attorney may send a mass-mailing

26
Q

Can an attorney reach out after an accident?

A

An attorney can solicit IN WRITING only after 30 days have passed since the accident

27
Q

Do PR rules apply to non-legal services (if clearly separate)

A

Where the legal and non-legal services are separate, PR rules do not apply to non-legal

28
Q

Do PR rules apply to non-legal services (if not clearly separate)

A

PR rules do apply to non-legal services where not clearly separate from legal services

29
Q

Third-Party involvement: Payment

A

A 3rd party can pay attorney’s fees if there is not interference with the attorney’s independent professional judgment

30
Q

3rd party payment requirements (2)

A

Attorney must get informed written consent from client, and the attorney may not break confidentiality

31
Q

Duty of candor toward tribunal

A

An attorney cannot knowingly lie, or allow a witness to lie to the court.

32
Q

If the lawyer learns of the lie later

A

they must break confidentiality

33
Q

An attorney can _____ a client in ______ about criminal liability

A

advice; good faith

34
Q

A lawyer cannot _____ or _____ a client to use the lawyer in a crime

A

assist; allow

35
Q

Prevention of future crime (confidentiality)

A

A lawyer must break confidentiality to prevent a future crime

36
Q

An attorney holding client funds must hold client money (also give example of title)

A

in a trust account in the attorney’s name (Law firm, PA. Trust Account)

37
Q

Comingling funds

A

An attorney can never co-mingle his funds with client money

38
Q

When can attorneys transfer funds to themselves?

A

An attorney can transfer from the trust account to the operating account when the money is earned.

39
Q

Safeguard rule

A

An attorney must safeguard the client’s property

40
Q

Can attorney pay another attorney a referral fee?

A

An attorney cannot pay an attorney or receive a portion of the fee from an attorney who suggested them

41
Q

Exceptions to attorney referral fee (2)

A

An attorney can pay or receive a portion of the fee if the services are performed by both attorneys, or if the client gives written informed consent

42
Q

If joint representation (attorneys)

A

then attorney’s assume joint liability for the representation

43
Q

Duty of professionalism

A

An attorney must act professionally

FLT (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions