Set 1 Flashcards
When will a lawyer be subject to discipline for an illegal act?
A lawyer is subject to discipline for an illegal act only where the act reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer.
In the event of a specific incident involving potential claims for wrongful death or personal injury, a lawyer or his agent generally must not make any unsolicited communication to the defendant, or to the victim or his family or legal representative, before the ____________________ after the date of the incident.
30th day
Under the Rules of Professional Conduct, a concurrent conflict of interest exists when:
(i) the representation will involve the lawyer in representing differing interests; or
(ii) there is a significant riskthat the representation of a client will be adversely affected by the lawyer’s personal interests.
Under what circumstances may a lawyer draft a will that reflects the client’s intent to leave a gift to the lawyer?
If the lawyer and the client have a close familial relationship.
A lawyer will be responsible for another lawyer’s violation of the RPC if:
(i) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or (ii) the lawyer is a partner or similar manager in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
Despite a concurrent conflict of interest, a lawyer may undertake a representation if all of the following conditions are satisfied:
(i) the lawyer reasonably believes that he can competently and diligently represent each affected client, despite the concurrent conflict;
(ii) the representation is not prohibited by law;
(iii) the representation does not involve the assertion of a claim by one client against another client who is represented by the lawyer in the same case pending before a court or other tribunal; and
(iv) each affected client gives informed consent, confirmed in writing.
A lawyer must not enter into a business transaction with a client unless:
(i) the transaction and terms under which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner that can be reasonably understood by the client;
(ii) the client is informed in writing of the desirability of seeking, and is given a reasonable chance to seek, the advice of independent legal counsel on the transaction; and
(iii) the client understands the lawyer’s role in the transaction, including whether the lawyer is representing the client, and the client gives informed consent in a signed writing.
A lawyer must not accept compensation for representing a client from someone other than the client unless:
(i) the client gives informed consent,
(ii) there is no interference with the lawyer’s independence of professional judgment or with the lawyer-client relationship, and
(iii) information relating to the representation of the client is protected as required by RPC 1.6 (relating to confidentiality of information).
A lawyer must not settle a claim or potential claim for malpractice liability with an unrepresented client or former client without
Advising that person in writing that independent representation is desirable and giving that person a reasonable chance to consult with independent counsel.
Contingent fees are prohibited in:
(i) domestic relations matters, and
(ii) representation of defendants in criminal cases.
In a domestic relations matter, a lawyer may not obtain a security interest, offer of judgment, or other lien to secure his fee unless:
(i) the signed retainer agreement provides notice to the client and
(ii) the court approves the security interest
(iii) after notice is given to the adversary spouse.
Division of fees with an outside attorney is permissible if:
(i) the division is proportional to the services performed by each lawyer OR each lawyer assumes joint responsibility for the representation (only one of these is required); AND
(ii) the client agrees to the arrangement, including the share allotted to each lawyer, and the consent is confirmed in writing.
May a lawyer who formerly represented a client in a matter thereafter represent another person in the same or a substantially related matter if that person’s interests are materially adverse to those of the former client?
A lawyer who formerly represented a client in a matter may not thereafter represent another person in the same or a substantially related matter if that person’s interests are materially adverse to those of the former client, unless the former client gives informed consent, confirmed in writing.
A lawyer must get the consent of the organization’s counsel before communicating with these specific persons/employees:
(i) a person who supervises, directs, or regularly consults with the organization’s lawyer concerning the matter;
(ii) a person with authority to obligate the organization with respect to the matter; or
(iii) a person whose act or omission in connection with the matter may be imputed to the organization for purposes of civil or criminal liability.
Under her duty of candor to the tribunal, a lawyer must not:
(i) make a false statement of fact or law to a tribunal;
(ii) fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(iii) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(iv) knowingly offer false evidence.
