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Professional Responsibility > THEMIS OUTLINE > Flashcards

THEMIS OUTLINE Flashcards

1
Q

What are the requirements to practice law?

A
  1. Education—graduation from an ABA-accredited law school
  2. Examination—an applicant must pass a written exam (may be waived if a person is a member in good standing of another state’s bar association with reciprocity and is otherwise qualified)
  3. Character—past conduct may be considered
  4. Pro hac vice—a lawyer licensed in another state may file a motion for admission to practice pro hac vice at the discretion of the presiding judge
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2
Q

What behaviors are prohibited during the application process?

A
  1. Knowingly making a false statement of material fact
  2. Failing to disclose a fact necessary to correct a misapprehension
  3. Failing to respond to a lawful demand by an admissions authority
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3
Q

What is the effect of violations in the application process?

A

Violations may prevent admission and subject an applicant to discipline.

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4
Q

What constitutes unauthorized practice of law?

A

A lawyer not admitted to practice in a jurisdiction is subject to discipline and shall not establish an office or other systematic and continuous presence in GA, or hold out to the public that he is admitted to practice in GA.

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5
Q

What are exceptions permitting temporary practice?

A
  1. Pro hac vice appearance—’for this turn only’
  2. Association with a local lawyer—who actively participates in the matter
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6
Q

What is the regulation after admission regarding professional misconduct?

A

A lawyer does not have to be engaged in the practice of law to violate the Rules of Professional Conduct (RPC) and be subject to professional discipline.

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7
Q

What actions constitute professional misconduct?

A
  1. Violate or attempt to violate any of the RPC
  2. Be convicted of a felony or misdemeanor involving moral turpitude
  3. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation
  4. Fail to pay any final judgment for money collected by him as a lawyer
  5. State or imply an ability to influence improperly a government agency or official
  6. Knowingly assist a judge in conduct that is a violation of applicable rules
  7. Commit a criminal act that relates to the lawyer’s fitness to practice law or reflects adversely on his honesty or trustworthiness
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8
Q

What is the reporting requirement for lawyer misconduct?

A

A lawyer should report misconduct by another lawyer when the lawyer has actual knowledge of the misconduct that constitutes a violation of the RPC and raises a substantial question as to the lawyer’s honesty, trustworthiness, or professional fitness.

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9
Q

What are the responsibilities regarding law-related services?

A

A lawyer is subject to the RPC with respect to law-related services that are indistinct from the lawyer’s legal services and must take reasonable measures to ensure that the client knows that the services are not legal services.

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10
Q

What is required for the sale of a law practice?

A

Must provide written notice to all current clients regarding the proposed sale, any proposed changes in the fee arrangement, the client’s rights, and the fact that consent to the new representation will be presumed.

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11
Q

What are the rules regarding fees?

A

Fees must be reasonable based upon the amount and nature of the fees; contingent-fee arrangements must be in writing.

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12
Q

What are the requirements for contingent fees?

A

Contingent fees must be in writing and must include the calculation methodology for the fee, whether expenses are to be deducted from the recovery, and whether such expenses are to be deducted before or after the fee is calculated.

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13
Q

What is the rule regarding client funds accounts?

A

Client funds must be placed in either an interest-bearing account with the interest paid to the client or an IOLTA account; lawyers must keep client property and funds separate from their own.

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14
Q

What are the conditions for mandatory withdrawal from representation?

A

A lawyer must withdraw from representation when: 1. Failure to withdraw would result in violating the RPC or other law.
2. The lawyer’s physical or mental condition materially impairs his ability to represent the client.
3. The client has an absolute right to discharge the lawyer for any reason or no reason.

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15
Q

What must a lawyer do if a client or third person has an interest in property?

A

The lawyer must promptly notify the client or third person.

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16
Q

What is a lawyer’s duty upon termination of representation?

A

A lawyer has a duty to mitigate any adverse impact upon the client.

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17
Q

When is mandatory withdrawal required for a lawyer?

A

Mandatory withdrawal is required when:
• Failure to withdraw would result in violating the RPC or other law.
• The lawyer’s health materially impairs his ability to represent the client.
• The client has an absolute right to discharge the lawyer.

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18
Q

What are the conditions for permissive withdrawal?

A

A lawyer may seek to withdraw if it can be done without materially harming the client, or under certain circumstances even if harm may result.

19
Q

What are some circumstances that allow permissive withdrawal even with harm to the client?

A

Permissive withdrawal is allowed if:
• The client persists in a course of action that the lawyer believes is criminal or fraudulent.
• The lawyer learns that previous services have been used to perpetrate a crime or fraud.
• The client insists on action or inaction that the lawyer finds repugnant or imprudent.

20
Q

What procedural requirements must a lawyer follow when withdrawing?

A

A lawyer must give the client a reasonable opportunity to obtain new representation and generally requires court approval.

21
Q

What must a lawyer do upon termination of representation?

A

The lawyer must return property to which the client is entitled and promptly refund any unearned fees.

22
Q

Who determines the objectives of representation in the lawyer-client relationship?

A

The client determines the objectives of the representation, while the lawyer decides the means to reach those objectives.

23
Q

What decisions must a lawyer consult with the client about?

A

The lawyer must consult with the client about procedural tactics and keep the client reasonably informed.

24
Q

What must a lawyer do when representing a client with diminished capacity?

A

The lawyer must maintain an ordinary lawyer-client relationship and may take protective action if necessary.

25
Q

What is prohibited regarding counseling crimes or frauds?

A

A lawyer may not advise or assist with a crime or fraud, but may discuss legal consequences of proposed conduct.

26
Q

What is the general rule regarding conflicts of interest with current clients?

A

A conflict exists if the lawyer would be directly adverse to another current client or materially limited by responsibilities to the current client.

27
Q

When is client informed consent not permissible?

A

Informed consent is not permissible if the representation is forbidden by rules or law, or includes a claim by one client against another.

28
Q

What is the general rule regarding representation of former clients?

A

A lawyer must not represent a new client in a matter that is materially adverse to a former client unless informed consent is given.

29
Q

What is the duty of confidentiality?

A

The duty of confidentiality applies to all information relating to the representation of the client, from any source.

30
Q

What does lawyer-client privilege cover?

A

Lawyer-client privilege covers the client’s communication to a lawyer whom the client reasonably believes represents them.

31
Q

What are exceptions to the lawyer-client privilege?

A

Exceptions include future crime or fraud, disputes between a lawyer and client, and estate disputes.

32
Q

What actions must a lawyer take to preserve confidentiality?

A

A lawyer must take reasonable precautions to safeguard a client’s confidential information.

33
Q

When can a lawyer disclose confidential information?

A

A lawyer may disclose confidential information if the client gives informed consent or if disclosure is necessary to carry out representation.

34
Q

What are some exceptions to confidentiality?

A

Exceptions include preventing substantial financial harm, serious injury or death, and controversies between a lawyer and a client.

35
Q

When may a lawyer reveal confidential information?

A

A lawyer may reveal confidential information to prevent serious injury or death, in a controversy between the lawyer and a client, to secure legal advice about compliance, or as required by law or court order.

36
Q

What is the general rule regarding frivolous legal actions?

A

A lawyer is prohibited from bringing or defending a proceeding unless there is a basis in law and fact that is not frivolous.

37
Q

What must a lawyer do if they learn of false evidence after it has been offered?

A

The lawyer must take reasonable remedial measures.

38
Q

What is the duty of candor to the tribunal?

A

A lawyer must not knowingly make false statements of law or fact to a tribunal and must disclose controlling legal authority that is adverse to the client’s position.

39
Q

What are the obligations of a prosecutor regarding probable cause?

A

A prosecutor must not initiate a prosecution without probable cause.

40
Q

What is the general rule regarding a lawyer acting as an advocate in a trial where they are a witness?

A

A lawyer may not act as an advocate at a trial in which they are likely to be a necessary witness unless certain conditions are met.

41
Q

What must judges do to uphold the integrity of the judiciary?

A

Judges must promote confidence in the judiciary and avoid impropriety or the appearance of impropriety.

42
Q

What are judges prohibited from doing in terms of extrajudicial activities?

A

Judges must not engage in extrajudicial activities that detract from the dignity of their office or interfere with their judicial duties.

43
Q

What is the rule regarding judges and political activities?

A

Judges must not hold office in a political organization, publicly endorse or oppose a candidate, or solicit funds for political organizations.

44
Q

What is the duty of fairness to opposing parties and counsel?

A

A lawyer must not unlawfully obstruct another party’s access to evidence or alter, destroy, or conceal material evidence.

Professional Responsibility (4 decks)

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