Professional Responsibility Flashcards
What is the top level issue constellation for professional responsibility?
- Duty of Integrity to the Profession
- Duties to Clients (CLIENTS LOVE FIERCE COUNSEL) -Duty of Confidentiality -Duty of Loyalty -Duty as Fiduciary / Trustee (financial responsibility) -Duty of Competence -Other Reasonable Things
- Duties to the Court (COURTS FEEL DIFFERENTLTY) -Duty of Candor -Duty of Fairness -Duty of Dignity
- Duties to the Public and to Third Persons -Duty of Candor -Duty of Fairness
Are targeted direct mailings a violation of a lawyer’s duty of integrity to the profession?
No, non-harassing targeted direct mailings are generally ok, so long as they 1) are not false or misleading 2) are clearly labeled as “ADVERTISING” 3) identify one attorney responsible for the content 4) records are retained for 2 years 5) claims of legal specialization must be approved by the state bar or accredited by ABA and identify certifying organization
When can truthful, nondeceptive advertising be regulated?
Regulation of commercial speech is subject to intermediate constitutional scrutiny, which means that it may be regulated only if: 1) the government asserts a substantial interest 2) the government demonstrates that the restriction directly and materially advances the interest 3) the regulation is narrowly drawn.
What do we presume when an attorney solicits clients at a hospital or accident scene?
Any kind of solicitation at a hospital or accident scene will be presumed misleading advertising. Sanctions for this type of violation of the lawyer’s duty to the profession are suspension, disbarment and civil penalties.
What is the top level issue constellation for professional responsibility?
- Duty of Integrity to the Profession 2. Duties to Clients (CLIENTS LOVE FIERCE COUNSEL) -Duty of Confidentiality -Duty of Loyalty -Duty as Fiduciary / Trustee (financial responsibility) -Duty of Competence -Other Reasonable Things 3. Duties to the Court (COURTS FEEL DIFFERENTLTY) -Duty of Candor -Duty of Fairness -Duty of Dignity 4. Duties to the Public and to Third Persons -Duty of Candor -Duty of Fairness
Are targeted direct mailings a violation of a lawyer’s duty of integrity to the profession?
No, non-harassing targeted direct mailings are generally ok, so long as they 1) are not false or misleading 2) are clearly labeled as “ADVERTISING” 3) identify one attorney responsible for the content 4) records are retained for 2 years 5) claims of legal specialization must be approved by the state bar or accredited by ABA and identify certifying organization
When can truthful, nondeceptive advertising be regulated?
Regulation of commercial speech is subject to intermediate constitutional scrutiny, which means that it may be regulated only if: 1) the government asserts a substantial interest 2) the government demonstrates that the restriction directly and materially advances the interest 3) the regulation is narrowly drawn.
What do we presume when an attorney solicits clients at a hospital or accident scene?
Any kind of solicitation at a hospital or accident scene will be presumed misleading advertising. Sanctions for this type of violation of the lawyer’s duty to the profession are suspension, disbarment and civil penalties.
