Questions I Got Wrong Flashcards
If a lawyer providers services (financial planning) and estate planning, what is rule for whether or not both services are covered by the rules of professional conduct
If the financial planning services were not provided we in circumstances distinct from the lawyers estate planning services
Do attorneys have a duty to accept court appointments?
Yes, unless there is an unreasonable financial burden
What is apparent authority
Lawyer is vested or third person reasonably assumes that lawyer is authorized to act based on clients manifestations of such authorization.
When paying out a contingency fee, what must an attorney provide
An accounting of the funds and outcome of the case
Do clients that are involved in unrelated matters but that are economically adverse generally present a conflict of interest
No they do not.
Does a sexual relationship between a partner of a firm and a client bar another attorney at the firm from representing the client?
No, this is a personal relationship that does not present a significant risk of materially limiting the representation by the firm
In order to be held civilly liable for a breach of the duty of care, must the client have suffered a harm?
Yes.
If a lawyer is representing a criminal defendant, what rule applies when an attorney believes no claim or defenses are available based on fact and law?
The attorney can challenge and require that the prosecution establish every element of the case beyond a reasonable doubt. 
If an attorney learns that a client lied (or committed perjury) after the proceedings have completed what is the lawyers obligation?
Affirmative duty to disclose concluded at the conclusion of the proceedings. The attorney need not do anything.
May a neutral mediator represent one of the parties they assisted in mediation?
Yes, but only with informed consent in writing.
Oral statements from the adverse party are not sufficient
An attorney graduated from law school passed the bar and was admitted to practice in state X. After working for a judge, the lawyer sent a letter to all trial lawyers, who practice law in state X. In the letter, the attorney recounted his legal experience, truthfully indicated that the attorney intended to specialize in apellet law and offer the attorney services to handle the appeal of cases that had been litigated by the trial lawyer.
Was this proper? why or why not?
Yes, because the statements in the letter were neither false nor leading us to the attorney or her services, and because the attorney is permitted to communicate area of law, in which she specializes. 
May an attorney, make a false or misleading communication about the lawyer or the lawyer services to another lawyer?
NO!
May an attorney receive a reasonable fee for a referral from a prospective client whom they cannot assist?
Yes they can.
May an attorney permit or work for a third-party to engage in telephone contact to solicit membership in a plan from persons, known to need specific services covered by the plan? 
NO! Violation of live person a person contact with persons known to need legal services in a particular matter.

Exceptions exist for contact to other lawyers, family, personal relationship, former client or person who routinely uses type of label services offered by lawyer for business purposes. 
If a firm seeking to gain favorable, judicial appointments, makes campaign contributions to a specific trial court judge up for reelection. May a member of that firm except the appointment of an uncompensated special master appointment?
Yes because the appointment is uncompensated