Professional responsibility

Question 1

papers produced as work product must be turned over to the client when

Answer 1

Representation is terminated

Question 2

This duty to return papers to the client exists even when

Answer 2

Client hasn’t paid fee

Question 3

a lawyer is required to self-report her own misconduct that occurs (location)

Answer 3

Occurs out of state

Question 4

What KIND of self done misconduct must lawyer report?

Answer 4

any misconduct that raises a substantial question as to that lawyer’s HONESTY, TRUSTWORTHINESS, OR FITNESS to practice law.

Question 5

Lawyer’s fee agreement must be

Answer 5

reasonable

Question 6

When must lawyer engage in fee explanation w Client?

Answer 6

Within Reasonable time after rep has commenced

Question 7

Can lawyer disclose confidential info obtained from client re client’s past crimes?

Answer 7

No

Question 8

Future/perspective crimes

Answer 8

Can disclose info re preventing a future crime

Question 9

In general, a conflict of interest exists when

Answer 9

Lawyer’s representation of client will be materially limited by their personal interests

Question 10

Waiver of this general conflict is possible (personal interest) if the lawyer reasonably believes that

Answer 10

She will be able to give competent and diligent rep to client and consent is obtained after consultation confirmed in writing

Question 11

While a lawyer is prohibited from communicating about the subject matter of a dispute with a represented opposing party without first obtaining permission from the opposing party’s lawyer, there is no prohibition on communication with

Answer 11

Former employees or agents of an organization that is an opposing party, even if the former employee or agent was a member of the organization’s managerial group

Question 12

Can lawyer make agreement limiting malpractice liability

Answer 12

no unless the lawyer is an employee of the client and client is independently represented in the agreement

Question 13

Competency in new field

Answer 13

lawyer may undertake necessary study to become competent in new field or associate with a lawyer of established competence in the field

Question 14

Fee Agreement Requirement

Answer 14

must be reasonable…doesnt need to be in writing unless it is a contingency fee

Question 15

Reasonablness of fee is determined by

Answer 15

what is reasonable in the locality for similar services + ability, experience, reputation of the lawyer

Question 16

Contingent fee must be

Answer 16

i) in writing + signed

ii) state the manner fee is to be determined

iii) state the expenses to be deducted

iv) whether such expenses will be deducted before or after contingent fee is calculated

Question 17

Can lawyer have sex with client

Answer 17

yes

Question 18

What must lawyer do w fee when there is a dispute as to fee award

Answer 18

lawyer must disburse undisputed portion and put disputed portion in a client trust account

Question 19

Can lawyer rep client w adverse interests to former client

Answer 19

lawyer may generally not represent a client in the same or substantially same matter where the client and former client’s interests are adverse unless both clients consent after consultation

Question 20

Attorney client priv covers

Answer 20

i) communications

ii) between privilege persons

iii) in confidence

iv) for purpose of obtaining/providing legal assistance

Question 21

Work product doctrine protects

Answer 21

i) documents

ii) prepared by attorney/team

iii) in anticipation of litigation

Question 22

Work product doctrine protects covered materials from discovery unless

Answer 22

party can show substantial need and inability to obtain substantially similar info by other means w/o undue hardship

Question 23

Conflict of Interest Between Clients occurs when

Answer 23

i) clients interests are directly adverse

ii) high probability that rep of one client will materially limiyt rep of other

Question 24

Concurrent conflict of interest

Answer 24

Significant risk that rep of one client will materially limit lawyer’s responsibility to another client…

Lawyer should generally not rep a client if it involves a concurrent conflict

Question 25

Conflicts waiver

Answer 25

clients can waive most conflicts of interest by consent after consultation except a direct conflict or a conflict that is sufficiently gross

Question 26

What does Conflicts analysis ensure

Answer 26

that rep of both clients will not be materially limited by obligations to either client

Question 27

If lawyer reasonably believes that dual rep will not hinder her ability to rep both clients, lawyer should

Answer 27

i) inform clients of potential conflicts

ii) obtain consent after consultation before undertaking dual rep

Question 28

Client Consultation should include

Answer 28

i) privilege doesnt attach btwn clients

ii) liitations on the scope of rep made necessary as a result of the common rep

iii) should conflict arise, attny must withdraw from representing one, if not both parties

Question 29

When conflict arises btwn jointly rep’d parties, attorney must

Answer 29

withdraw

Question 30

Joint rep is only possible where rep doesnt involve

Answer 30

assertion of a claim by one client against another client represented by same lawyer in same litigation or other proceeding

Question 31

Lawyer’s communication w person known to be represented by other lawyer

Answer 31

cant do it w/o consent of other lawyer

Question 32

Communicating w Former constituent of an organization

Answer 32

can communicate w former constituent of an organization w out that org’s consent

Question 33

Communicating w an Org’s Constituent who consults w Organization’s lawyer

Answer 33

cannot communicate w an organization’s constitute who supervises, directs or regularly consults w org’s laywer concerning the matter

Question 34

Can represented person’s speak with eachother?

Answer 34

Yes but lawyer must not use this to circumvent rules of professional conduct

Question 35

Lawyer as a witness

Answer 35

lawyer must not undertake representation in which he is likely to be called as a necessary witness

Question 36

Duty to Keep Client Informed/Settlement Offers

Answer 36

lawyer has duty to keep client informed of the status of the matter and to communicate and reasonably share decision making responsibilities w client

Question 37

Lawyer’s duty to inform client of settlement offers

Answer 37

lawyer has duty to inform client of settleement offers and abide by their decision re acceptance

Question 38

Lawyer’s Duty Re Non Work related obligations

Answer 38

lawyer should not let ordinary work events, such as other work obligations, prevent lawyer from acting

Question 39

Lawyer’s Duty regarding their health issues

Answer 39

lawyer has duty to take his health issues into consideration and make plans for the client’s representation accordingly

Question 40

Sanctions for incompliance w discovery order

Answer 40

ct may impose sanctions for a party’s failure to comply w a discovery order

Question 41

Attending Depositions

Answer 41

ct may impose sanctions, including striking pleading but not contempt for lawyer’s failure to attend deposition, serve answers to interrogatories or respond to a request for production

Question 42

Lawyer’s Duty Re Client Funds/Property

Answer 42

i) must keep funds in separate trust and must not comingle his property w that of a client

ii) must keep property in a safety deposit box

Question 43

Lawyer’s Duty of Candor

Answer 43

prohibited from making statements that are fraudulent or remaining silenet when such silence would amount to fraud under applicable tort principles

Question 44

For statement to subject lawyer to discipline, it must be both

Answer 44

false and material

Question 45

Firm name may consist of

Answer 45

all members in firm, or deceased member’s name when there has been a succession in identy… or a trade name

Question 46

Misleading Firm Name

Answer 46

Firm’s name must not be misleading by stating name of nonlawyer or lawyer not associated with the firm or predecessor of the firm