Rules Flashcards
Rule 1.1 - Competence - ABA
A lawyer shall provide competent representation toa client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for representation ____________
Competent representation requires the:
Legal knowledge
Skills
Thoroughness AND
Preparation
Reasonably necessary for the representation
Rule 1.1 - Competence - CA
A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail tot perform legal services with competence
A lawyer must not:
- intentionally
- recklessly, with gross negligence, OR
- repeatedly
fail to perform legal services
Differences for Competence
ABA: knowledge, skill, thoroughness
CA: includes learning and skill and mental, physical, emotional ability
CA: okay to associate with competent attorney or become one or refer out
Rule 1.3 - Diligence - ABA
A lawyer shall act with reasonably diligence and promptness in representing a client
Rule 1.3 – Dilegence - CA
A lawyer shall not intentionally, repeatedly, recklessly or with gross negligence fail to act with reasonably diligence in representing a client
for purpose of this rule: “reasonably diligence” shall mean that a lawyer acts with commitment and dedication tot he interests of the client and does not neglect o r disregard, or unduly delay a legal matter entrusted to the lawyer
Difference for Diligence
ABA: reas. Diligence and promptness
CA: no intent, repeatedly, reckless, gross neg., fail to act diligently
CA: diligence = commitment, dedication, no neglect, unduly delay
Rule 1.5(A) Reasonable Fees - ABA
A lawyer must not charge unreasonably fees or expenses. To determine reasonableness, consider factors such as time and labor required, complexity of matter, skill, locality rates, results, time limitation, client relationship, lawyers reputation, and fee type (fixed or contingent)
Rule 1.5(B) - Fee communication ABA
Lawyers must communicate the scope and fee basis to clients, preferably in writing, at the start or soon after representation. Changes to fees or expenses should also be communicated.
Rule 1.5(c) - Contingent Fees ABA
Lawyers can contingent fees, but they must be in writing, specify the method determination, expenses deductions, client’s liability for expenses, and provide outcome details upon conclusion.
Rule 1.5(d) - Prohibited Contingent Fees ABA
Lawyers cannot charge contingent fees in domestic relations matter related to divorce, alimony, support, or property settlement, nor for representing in criminal cases
Rule 1.5(e) - Division of Fees ABA
Lawyers not in the same firm can divide fees if it’s proportional to services or if they jointly assume responsibility. The client must agree, including the share in writing, and the total fee should be reasonable.
Rule 1.5(a) - Unconscionable or Illegal Fees CA
Lawyers must not make agreements for, charge, or collect fees that are unconscionable or illegal
Rule 1.5(b) - Determining Unconscionability
Unconscionability of a fee is determined based on all facts and circumstances at the time of agreement, unless parties expect later changes. Factors include fraud, when lawyer has failed to disclose material facts, fee proportion, lawyer/client sophistication, skill required, preclusion of other work, results, time limits, relationship, lawyer reputation, fee type(fixed/contingent), time/labor required, and informed consent.
Rule 1.5(c) - Prohibited Fees - CA
Lawyers cannot charge contingent fees in family law matters related to dissolution, spousal/child support, or property settlement, nor for representing defendsants in criminal cases
Rule 1.5(d) - Earned on receipt fees CA
lawyers may charge non-refundable fees if they are true retainers, ensuring availbility without compensation for services. CLient must agree in writing to no refund
