Professional Responsibility

Question 1

philosophies of lawyering: lawyer as neutral partisan (dominant view)

Answer 1

zealous advocate within the bounds of the law and no moral responsibility
fate of consequences should be on client

Question 2

philosophies of lawyering: lawyer as morally accountable

Answer 2

lawyers are morally accountable for the actions they take on behalf of their clients

Question 3

philosophies of lawyering: lawyer as guardian of public interest

Answer 3

issue of what is in the general public interest

Question 4

An applicant for the bar, lawyer in connection with application, or disciplinary SHALL NOT ____make a false statement of material fact

Answer 4

knowingly

Question 5

An applicant for the bar, lawyer in connection with application, or disciplinary SHALL NOT ________ a fact necessary to correct a misapprehension known by the person to have arisen, or knowingly fail to respond to lawful demand for information from an admissions or disciplinary authority except that this rule does not require disclosure of information protected by Rule 1.6

Answer 5

fail to disclose

Question 6

What does Rule 8.1 cover?

Answer 6

bar admission and disciplinary matters

Question 7

What does Rule 1.1 cover?

Answer 7

competence

Question 8

Lawyer _____ provide competent representation.

Answer 8

shall

Question 9

Competence requires:

Answer 9

legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Question 10

What are the elements of legal malpractice?

Answer 10

1. Duty of care
2. Breach of duty
3. Causation
4. Damages

Question 11

A lawyer own a duty of care ________

Answer 11

normally exercised by lawyers in similar circumstances

Question 12

How do you show breach of dutyof care?

Answer 12

expert testimony about what lawyers in similar circumstances would to
testimony about the Rules of Professional Responsibility

Question 13

Tactical choices that lawyers make are generally protected, provide they are:

Answer 13

well informed and taken in good faith

Question 14

To show causation in a legal malpractice case, the plaintiff has to put on the case he would originally have put on if his lawyer had handled the case correctly in the first place, and convince the jury:

Answer 14

(1) the case that should have been presented was a winner, and (2) reason the case wasn’t a winner was because the lawyer fell below standard of care

Question 15

Damages: Under Rule 1.8(h), a lawyer cannot prospectively limit liability to malpractice, unless:

Answer 15

(1) it is permitted by law, and (2) the client was independently represented in making agreement

Question 16

Settling a claim after a wrongdoing: a lawyer CANNOT settle a claim with a client unless

Answer 16

the lawyer advises the client in writing and gives the client time to seek an independent lawyer

Question 17

Three instances where a lawyer is liable to a their party (very rare):

Answer 17

(1) when client’s objectives are bound up with the fortunes of the third party
(2) when the third parties are in a position to rely on lawyer
(3) when lawyer expects or invites their party to rely

Question 18

ineffective assistance of counsel is available to

Answer 18

criminal defendants

Question 19

ineffective assistance of counsel Strickland standard:

Answer 19

(1) lawyer’s conduct fell below the range of professional acceptable conduct, AND (2) the client suffered prejudice

Question 20

Rule 1.6(a): A lawyer is prohibited from revealing information _______

Answer 20

relating to the representation of a client

Question 21

“information relating to the presentation of a client” includes

Answer 21

anything learned during the course of representation of the client

Question 22

There are two exceptions within Rule 1.6(a):

1. The client is given ______.
2. The disclosure is _______.

Answer 22

informed consent; impliedly authorized

Question 23

The “impliedly authorized” exception in rule 1.6(a) never applies to information _______

Answer 23

that would harm your client

Question 24

An attorney ______ to tell in any situation under Rule 1.6

Answer 24

never has

Question 25

If a Rule 1.6(b) exception is met, the lawyer may reveal information relating to the representation of a client:

Answer 25

to the extent the lawyer reasonably believes necessary