Professional Responsibility Flashcards
philosophies of lawyering: lawyer as neutral partisan (dominant view)
zealous advocate within the bounds of the law and no moral responsibility
fate of consequences should be on client
philosophies of lawyering: lawyer as morally accountable
lawyers are morally accountable for the actions they take on behalf of their clients
philosophies of lawyering: lawyer as guardian of public interest
issue of what is in the general public interest
An applicant for the bar, lawyer in connection with application, or disciplinary SHALL NOT ____make a false statement of material fact
knowingly
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
fail to disclose
What does Rule 8.1 cover?
bar admission and disciplinary matters
What does Rule 1.1 cover?
competence
Lawyer _____ provide competent representation.
shall
Competence requires:
legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation
What are the elements of legal malpractice?
- Duty of care
- Breach of duty
- Causation
- Damages
A lawyer own a duty of care ________
normally exercised by lawyers in similar circumstances
How do you show breach of dutyof care?
expert testimony about what lawyers in similar circumstances would to
testimony about the Rules of Professional Responsibility
Tactical choices that lawyers make are generally protected, provide they are:
well informed and taken in good faith
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:
(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
Damages: Under Rule 1.8(h), a lawyer cannot prospectively limit liability to malpractice, unless:
(1) it is permitted by law, and (2) the client was independently represented in making agreement
Settling a claim after a wrongdoing: a lawyer CANNOT settle a claim with a client unless
the lawyer advises the client in writing and gives the client time to seek an independent lawyer
Three instances where a lawyer is liable to a their party (very rare):
(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
ineffective assistance of counsel is available to
criminal defendants
ineffective assistance of counsel Strickland standard:
(1) lawyer’s conduct fell below the range of professional acceptable conduct, AND (2) the client suffered prejudice
Rule 1.6(a): A lawyer is prohibited from revealing information _______
relating to the representation of a client
“information relating to the presentation of a client” includes
anything learned during the course of representation of the client
There are two exceptions within Rule 1.6(a):
- The client is given ______.
- The disclosure is _______.
informed consent; impliedly authorized
The “impliedly authorized” exception in rule 1.6(a) never applies to information _______
that would harm your client
An attorney ______ to tell in any situation under Rule 1.6
never has
If a Rule 1.6(b) exception is met, the lawyer may reveal information relating to the representation of a client:
to the extent the lawyer reasonably believes necessary
