Professional Responsibility Flashcards
Admitting and Disciplining: Regulation of Attorney Admissions (What They Can and Cannot Require)
Can Require: You are a graduate of an ABA accredited law school
Cannot Require: 1) You to be a US citizen, and 2) you to be a state resident
Admitting and Disciplining: Forms of Discipline
1) Reproval (public or private)
2) Suspension
3) Disbarment
Duty to Maintain the Integrity of the Profession: What to do if you know another lawyer violated rules regarding honesty, trustworthy, or fitness?
A lawyer who knows another lawyer has violated the rules so as to raise a substantial question as to that lawyer’s honesty, trustworthiness, or fitness SHALL INFORM THE DISCIPLINARY BOARD
Activities that Require a License
1) Court appearance and deposition
2) Drafting legal documents
3) Conducting settlements
Activity that Does Not Require a License
1) Filing paperwork with the court
2) Interviewing witnesses
3) Completing forms
Temporary Licensure Requirements in PA
Lawyer must be in good standing in home jurisdiction, and
1) associate with a PA lawyer, or
2) involves pending litigation in another jurisdiction, or
3) services provided to lawyer’s employer
Reporting and Testifying Violations + (1) Remember Jurisdiction Specific Rules + (2) Remember Testify Availability
If you witness another lawyer violating RPC or committing an untrustworthy or dishonest act, you must report to the disciplinary board
(1) : The rules ARE NOT jurisdiction specific
(2) : You MUST be available to testify
Accepting Employment: Ability to Accept or Reject Cases
A lawyer generally has the ability to take on or reject any client he desires
Accepting Employment: Duty of Competence
A lawyer owes a duty of competence which requires the necessary knowledge, skill, thoroughness, and preparation for representation
Accepting Employment: Exceptions to Freedom to Reject Cases
A lawyer should represent:
1) Defenseless or oppressed clients,
2) Fair share of pro bono
A lawyer MUST represent a client via:
1) Court appointment, unless it is an unreasonable financial burden or you have the duty to reject
Accepting Employment: Duty to Reject Cases + Exceptions + Tips for Exceptions - ALE
1) Inability (lawyer is physically or mentally inability to represent client)
2) Incompetence
3) Conflict
4) Strong feelings against purpose, and
5) Frivolous case (no meritorious defense)
Exceptions: 1) Associate with counsel WITH CLIENT’S PERMISSION
2) Learn the law
3) Emergency
Tip: ALE (Associate, Learn, Emergency)
Accepting Employment: Conflicts - Rule of Imputation
What you cannot do, your partner/associates are also prohibited from doing and vice versa
Specialization by Attorneys - National
Patent law and admiralty law
Solicitation: Rule for False or Misleading Facts
A lawyer is prohibited from making a false or misleading communication about the lawyer’s services
Solicitation: Rule for In Person/Face-to-Face Solicitation + Exceptions + Remember Pecuniary Gain
Rules prohibit in person, telephonic, or real time electronic communication directly or through an intermediary from someone with whom the lawyer has no (EXCEPTIONS) family, close friends, current or former clients with.
Remember: Cannot be done for PECUNIARY GAIN, but if offered for free this is okay
Solicitation: Direct Mail + Exceptions
Direct mail is NOT PROHIBITED because it is not face-to-face
Exceptions: 1) Prospective client cannot exercise reasonable judgment
2) Person explicitly told lawyer he does not want communication, or
3) Coercion, duress, or harassment
Publicity and Advertising: Prohibition of Untruthful or Misleading Ads + (1) Remember Firm Names and Letterheads + (2) Remember Municipality/Public Officer in Letterhead + (3) Remember Endorsement from Public Figures
1) Cannot create unjustified expectations;
2) Cannot make unverifiable comparisons
3) Cannot imply results by improper means (e.g. friends with judge)
(1) Firm names and letterheads may include deceased attorneys
(2) The name of a municipality or public officer MAY NOT be mentioned in letterhead
(3) Public figures may not endorse your firm via TV or radio
Non-Lawyer Partners or Officers of Law Firm
Non-lawyers are prohibited from being partners or being in charge of a law firm
Dual Professions Prohibition + (1) Remember Privilege Carrying Over + (2) Remember Ancillary Businesses
A lawyer is permitted to have dual professions, but may not solicit from one profession to the other,
(1) Privilege DOES NOT carry over from one profession to the next
(2) Ancillary businesses are okay
Legal Fees: Excessive Fees + Factors in Setting Reasonable Fees
Excessive fees are prohibited
Factors: Experience, expertise, complexity of subject matter
Legal Fees: Contingent Fees Prohibition + Exceptions + (1) Remember Writing Requirement + (2) Remember Fired Lawyers During Contingent Fee Cases
1) No contingent fees or incentive fees in CRIMINAL CASES
2) Prohibited in DOMESTIC RELATIONS cases (Exceptions - past due alimony and past due child support)
(1) : Must be in writing, unless regularly represented client
(2) : Fired lawyer may receive quantum meruit, meaning paid for services rendered, BUT CANNOT HOLD FILES UNTIL PAID
Legal Fees: Fee Splitting with Other Lawyers + Exceptions + Remember PA Referral Fees
Generally, it is prohibited to split fees with other lawyers outside of a firm, UNLESS:
1) The client is advised and does not object, or
2) The total fee of the lawyers is not illegal or excessive
Remember: PA allows referral fees
Legal Fees: Fee Splitting with Non-Lawyers + Exceptions
No fee splitting with non-lawyers
Exceptions:
(1) Payment to heirs of firm partners,
(2) Purchase of law practice,
(3) Pension, bonus, retirement plans, or
(4) Nonprofit organizations