Terms

Question 1

Model Rules Preamble

5 Functions a lawyer performs as a representative of clients

Answer 1

1. Advisor
2. Advocate
3. Negotiator
4. Evaluator
5. Third Pary Neutral

Question 2

Model Rules Preamble

A lawyer should always be:

(three things)

Answer 2

Competent, Prompt, and Diligent

Question 3

Model Rules Preamble

True or false:

Lawyers are a self regulating profession

Answer 3

True

Question 4

Rule 1.0: Terms

(a) Belief:
1. What does it denote?
2. Can it be inferred?

Answer 4

1. Belief denotes that the person involved actually supposed the fact in question to be true
2. Yes, a person’s belief may be inferred fro the circumstances

Question 5

Rule 1.0: Terms

(b) Confirmed in Writing
1. What does it mean when used in reference to the infromed consent of a person?
2. (n) Writing or written: what types of communications are included?
3. (a) what does a “signed writing” include?

Answer 5

1. Reference to informed consent: denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent
2. Writing/Written: denotes a tangible or electronic record of a communication or representation. INcluded: handwriting, typewriting, printing, photostatting, photography, audeo or vido recording or email
3. Signed writing includes an electronic sound, symbol or process attached to, or logicall associated with, a writing and executed or adopted by a person with the intent to sign the writing

Question 6

Rule 1.0

Confirmed in Writing

(n) Writing or written: what types of communications are included?

Answer 6

Writing/Written: denotes a tangible or electronic record of a communication or representation. INcluded: handwriting, typewriting, printing, photostatting, photography, audeo or vido recording or email

Question 7

Rule 1.0

(a) what does a “signed writing” include?

Answer 7

Signed writing includes an electronic sound, symbol or process attached to, or logicall associated with, a writing and executed or adopted by a person with the intent to sign the writing

Question 8

Rule 1.0

Fraud: two parts of the definition

Answer 8

Denotes conduct that is (1) frauduent under the substantive or procedural law of the applicable jurisdiction and (2) has a purpose to decieve

Comment 5: have to have a purpose to decieve, cannot just be negligence

Question 9

Rule 1.0

Screened

Answer 9

Denotes the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under the Model Rules or other law

Where a personally disqualified lawyer is removed in a conflict of interest to protect the confidential information known by the personally disqualified lawyer

Question 10

Rule 1.0

Screening

When a lawyer gets screened, what is his situation with the other lawyers in the firm?

Answer 10

Other lawyers in the firm who are working on the matter should be informed that the screening is in place and that they may not communicate with the personally disqualified lawyer with respect to the matter

Question 11

Rule 1.0

Substantial

Answer 11

When used in reference to degree or extent, denotes a material matter of clear and weitghty importance

Question 12

Rule 1.0

Firm (from comment 2)

Answer 12

Whether two or more lawyers are a firm is fact specific

If the lawyers present themselves to the public in a way that suggests they are a firm, they should be regarded as such

If they have mutual access to client information