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
May a judge use official letterhead for a reference ?
Yes, if the judge indicates that the references personal, and there is no likelihood, it would reasonably be perceived as an attempt to gain favorable treatment
A judge has a duty to report a lawyer or judges misconduct if
The judge has actual knowledge of the ethical violation AND the violation raises substantial question regarding honesty, trustworthiness, or fitness
A member of a judges family means
Spouse or domestic partner
Child
Grandchild
Parent
Grandparent, or
Other relative, or person with whom the judge maintains a close, familial relationship
May a judge serve as an officer of an organization?
Yes, unless:
1) the organization will engage in proceedings ordinarily before the judge, or
2) the organization will frequently be in adversarial proceedings before the judges court or any court subject to the appellate jurisdiction of the judges court
Our judges prohibited from soliciting contributions for nonprofit, educational, religious charitable, fraternal, or civic organizations?
Yes, unless the judge solicits contributions from
1)members of his, or her own family, or
2) other judges, over whom the judge does not exercise supervisor, or a pellet author
May a judge who is running for judicial appointment, be endorsed by a particular political party ?
Yes, but only if in a partisan public election
When does a conflict of interest impute to the rest of the firm?
1) When there is a concurrent conflict (representing on client would be directly adverse to another or there is a significant risk that representing a client will be materially adverse to the responsibilities to another current or former client)
2) when someone in the firm had previously representing a client and representation of the new client would be material adverse to that former client and the lawyer had acquired information protected by confidentiality, or that would disadvantage the former client
Can a law firm pay a company to recommend client to the lawyer
Yes, if the lead generator does not recommend the lawyer, abides by the ethics rules for fees (cannot split fee for representation with them), and follows communication rules (no misleading communications)
Our lawyers allowed to offer legal services through a prepaid or group legal services plan that is operated by an organization, owned or directed by the lawyer ?
No they aren’t
Is an attorney required to disclose a perspective client that they lack experience if they are able to become competent through reasonable preparation and offer a reasonable fee ?
No they are not
After disclosure of a disqualification for a judicial officer, what must the judicial officer do?
Allow the parties to consider whether to wave disqualification outside the presence of the judge in court personnel
Can a lawyer gain literary or media rights during the course of a representation even if they counsel the client to go and seek independent counsel 
NOOOOOOOOOOO
When it comes to a reciprocal referral agreement, does the requirement that the other party display ads constitute something of value that would make their reciprocal referral agreement improper?
Yes
If the plaintiff is a member of an organization, to which the judge formatively belong, is that enough to demonstrate that the judges impartiality might reasonably be questioned 
No
