Term
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Definition
| Terminology - Definitions of words used throughout the Model Rules |
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Term
| Rule 1.1 mandates that a lawyer must demonstrate __________ representation with a client. |
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Definition
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Term
| Rule 1.1, which requires a lawyer to demonstrate competent representation of a client, sets out four requirements of competence: |
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Definition
| 1) legal knowledge, 2) skill, 3) thouroughness; and 4) preparation reasonably necessary for the representation. |
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Term
| Under Rule 1.1 Legal knowledge and skill. What are relevant factors in determining whether legal knowledge and skill were applied? |
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Definition
| Complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's training and experience in the field in question, the preparation and study the lawyer is able to give the matter and whether it is feasible to refer the matter to or associate or consult with, a lawyer of established competence in the field. |
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Term
| Comment 3 to Rule 1.1 allows a lawyer to give advice or assistance in a field that the lawyer does not have skill ordinarily required under two conditions |
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Definition
1) In an emergency, if
2) consultation with another lawyer would be impractical. |
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Term
| Comment 5 of Rule 1.1 states that the determination as to whether a lawyer was adequately thourough and prepared is made by considering... |
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Definition
| what is at stake because major litigation and complex transactions require more extensive treatment than matters of lesser complexity and consequence. |
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Term
| Comment 6 to Rule 1.1 requires a lawyer to maintain competence by... |
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Definition
| Complying with all continuing legal education requirements to which the lawyer is subject. |
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Term
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Definition
| Scope of Representation and Allocation of Authority Between Client and Lawyer |
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Term
| According to Rule 1.2 a lawyer may take action on behalf of a client to what extent? |
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Definition
| As she is implieadly authorized to carry out the representation. |
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Term
| Rule 1.2(a) discusses the limits of whose authority - lawyer or client? |
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Definition
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Term
| Under Rule 1.2(a) may a lawyer make a decision contrary to the client's desires regarding settlement, entering a plea, or waiving a jury (in criminal matters)? |
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Definition
| No, a lawyer must abide by the client's decision regarding settlement, entering pleas, and waiving a jury under Rule 1.2(a). |
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Term
| What rule states that by representing a client a laywer is not necessarily endorsing the client's political, economic, social, or moral view or activities? |
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Definition
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Term
| Rule 1.2(a) gives the client the ultimate authority to determine what? |
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Definition
| The ultimate purposes to be served by legal representation. |
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Term
| If a lawyer and client have a fundamental disagreement regarding the purpose of representation under Rule 1.2(a), what are the lawyer's and client's options? |
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Definition
| The lawyer can withdraw from representation under Rule 1.16(b)(4); The client can discharge the lawyer under Rule 1.16(a)(3) or the lawyer can just follow through with the client's wishes. |
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Term
| May a client give the lawyer authorization in advance to take specific action on the client's behalf without consulting the client ahead of time? |
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Definition
| Yes, Comment 3 to Rule 1.2 states that a client may give the lawyer authorization, absent a material change in circumstances under 1.4. The client may revoke that auhtorization at any time. |
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Term
| Under Rule 1.2(c), what conditions must exist for a lawyer to be able to limit the scope of the representation? |
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Definition
| The limitation must be reasonable under the circumstances and the client must give informed consent. |
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Term
| Which Rule forbids a lawyer from counseling a client to engage, or assisting a client, in conduct that the lawyer knows is criminal or fraudulent? |
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Definition
| Rule 1.2(d) - however a lawyer may discuss the legal consequences of any proposed course of conduct. |
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Term
| Under Rule 1.2(d), if a lawyer discovers after assisting a client in a matter that it is criminal or fraudulent, when she didn't think it was originally, may she continue to assist the client? |
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Definition
| No, she must withdraw from representing the client under 1.16(a). |
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Term
| Rule 1.3 requires a lawyer to act with what when representing a client? |
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Definition
| Reasonable diligence and promptness. |
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Term
| What does Comment 2 to Rule 1.3 require a lawyer to manage in order to handle each matter with diligence? |
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Definition
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Term
| Rule 1.4 sets out requirements regarding what? |
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Definition
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Term
| What are the five communication requirements a lawyer must fulfill under Rule 1.4(a)? |
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Definition
(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent is required.
(2) Reasonably consult with the client about means by which the client's objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter
(4) promptly comply with reasonable requests for information, and
(5) Consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules. |
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Term
| To what extent must a lawyer explain a matter to a client, under Rule 1.4(b)? |
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Definition
| To the extent reasonably necessary to permit the client to make informed decisions regarding representation. |
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Term
| "Informed consent" is defined in Rule 1.0(e) as what? |
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Definition
| agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. |
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Term
| What must the lawyer communicate to the client for the client to provide "informed consent" under Rule 1.0(e)? |
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Definition
| Adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. |
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Term
| What does Rule 1.5 discuss? |
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Definition
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Term
| What rule forbids a lawyer from making an agreement for, charge or collection of an unreasonable fee or an unreasonable amount for expenses? |
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Definition
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Term
| There are eight factors to be considered in determining the reasonableness of a fee under 1.5(a), what are they? |
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Definition
(1) the time and labor required, the novelty and difficulty of the questions involved, adn the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment of the lawyer;
(3) the fee customarily charged in teh locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the anture and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services, and
(8) whether the fee is fixed or contingent. |
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Term
| When must a lawyer inform the client in writing of the scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible, under Rule 1.5(b)? |
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Definition
| Before or within a reasonable time after commencing the representation. Except when a lawyer is charging a regularly represented client at the same basis rate. |
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Term
| Rule 1.5(c) allows a lawyer to collect a certain kind of fee, as long as there is a signed written agreement that states the method by which the fee is determined. What kind of fee is that? |
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Definition
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Term
| Rule 1.5(d) forbids an attorney from entering into an arrangement for, charging, or collecting two things... what are they? |
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Definition
1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or
2) a contingent fee for representing a defendant in a criminal case. |
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Term
| May lawyers from different law firms divide attorneys fees under Rule 1.5(e)? |
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Definition
| Yes, but only if the division is proportionate to the services they provided, the client agrees in writing, and the total fee is reasonable. |
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Term
| Must a lawyer return the unearned portion of a payment received in advance under Rule 1.16(d)? |
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Definition
| Yes, Comment 4 of Rule 1.5 also explains this requirement. |
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Term
| Rule 1.6 addresses what issue? |
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Definition
| Confidentiality of information. |
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Term
| Under Rule 1.6(a) a lawyer may not reveal information relating to the representation of a client, except in three situations. What are the three exceptions? |
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Definition
1) the client gives informed consent
2) the disclosure is impliedly authorized in order to carry out the representation
3) the disclosure is permitted under 1.6(b) |
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Term
| Rule 1.6(b) permits a lawyer to reveal information related to the representation of a client, to the extent the lawyer reasonably believes necessary in what six situations? |
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Definition
1) to prevent reasonably certain death or substantial bodily harm
2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;
3) to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services
4) to secure legal advie about the lawyer's compliance with the Rules,
5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based on conduct in which the client was involved, or to respond ot allegations in any proceeding concerning the lawyer's representation of the client,
6) to comply with other law or a court order. |
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Term
| Under Rule 1.6(b) a lawyer may reveal information relating to the representation of a client, to what extent? |
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Definition
| To the extent the lawyer reasonably believes necessary. |
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Term
| What information is protected under Rule 1.6? |
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Definition
| Information relating to the representation of a client. |
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Term
| What exceptions under 1.6(b) relate to crime/fraud? |
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Definition
2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furhterance of which the client has used or is using the lawyer's services;
3) to prevent, mitigate, or rectify substantial injury to the financial interests or property of another and in furtherance of which the client has used the lawyer's services
5) to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved |
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Term
| Does Rule 1.6(b) require the lawyer to reveal information relating to the representation of a client in the six situations listed under 1.6(b)? |
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Definition
| No, 1.6(b) states that a lawyer may reveal information in the listed situations. |
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Term
| What is the policy behind protecting information relating to the representation of a client? |
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Definition
| Comment 2 to Rule 1.6 explains that the policy behind the confidentiality requirement is to encourage the client to communicate fully and frankly with the lawyer when seeking legal advice. |
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Term
| What is the scope of information producted by the Rule 1.6 Confidentiality requirement? |
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Definition
| All information relating to the representation of a client, including communications with the client and third parties, as well as information contained in documents, etc. |
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Term
| Rule 1.6(b)(1) permits a lawer to reveal information related to the representation of a client as reasonably necessary to prevent reasonably certain death or substantial bodily harm. When is such harm reasonably certain to occur? |
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Definition
| Comment 6 to Rule 1.6 states that harm is reasonably certain to occur if it will be suffered imminently or if there is a present and substantial threat that a person will suffer such harm at a later date if the lawyer fails to take action necessary to eliminate the threat. |
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Term
| Which 1.6(b) exception to the confidentiality requirement is triggered by the following fact pattern: A client tells his lawyer that he has accidentally discharged toxic waste into a town's water supply so the lawyer reveals the information to the authorities because there is a present and substantial risk that a person who drinks the water will contract a life-threatening disease and the lawyer's disclosure is necessary to eliminate the threat or reduce the number of victims. |
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Definition
| Rule 1.6(b)(1) exception allowing a lawyer to reveal information related to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm. |
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Term
| Rule 1.0(d) defines fraud as what? |
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Definition
| Conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive. |
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Term
| Rule 1.6(b)(2) allows a lawyer to reveal information relating to the representation of a client to the extent the lawyer reasonably believes is necessary to prevent a crime or fraud by the client, if that crime or fraud is reasonably certain to result in what? |
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Definition
| substantial injury to the financial or property interests of another. |
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Term
| Is a lawyer permitted to reveal information related to the representation of a client to the extent the lawyer reasonably believes necessary to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial or property interests of another, if the client did not utilize the lawyer's services to engage in this behavior? |
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Definition
| No. 1.6(b)(2) only allows this disclosure when the lawyer has used the lawyer's services to further the crime or fraud. |
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Term
| Rule 1.2(d) prohibits a lawyer from counseling or assisting a client in conduct the lawyer knows is what? |
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Definition
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Term
| Does the Rule 1.6(b)(3) exception which allows a lawyer to reveal information related to the representation of a client to the extent the lawyer believes is reasonably necessary to prevent or mitigate reasonably certain losses that were caused by crime or fraud that the client utilized the lawyer's services to commit when that lawyer is representing the client concerning those offenses? |
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Definition
| No, comment 8 to Rule 1.6 explicily forbids a lawyer from revealing this information when the lawyer represents the client concerning crime/fraud committed by the client. |
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Term
| May a lawyer reveal information related to the representation of a client to the extent he believes is reasonably necessary to defend himself regarding potential complicity with a client in criminal/fraudulent actions before a formal complaint has been filed? |
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Definition
| Yes, a lawyer may reveal information to the extent he reasonably believes necessary in response to any such assertion prior to the commencement of a trial. (Comment 10, Rule 1.6) |
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Term
| When disclosure of information relating to the representation of a client appears to be required by other law, what must the lawyer do before revealing the information under Rule 1.4? |
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Definition
| Discuss the matter with the client. |
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Term
| If an order is issued requiring a lawyer to reveal information relating to the representation of a client, what must the lawyer assert on behalf of the client? |
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Definition
| That the information sought is protected by the attorney-client privilege or other applicable law. If there's an adverse ruling on this argument, the lawyer is permitted to reveal the information under Rule 1.6(b)(6). |
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Term
| Does the lawyer's duty to refrain from revealing information related to the representation of a client continue after the client-attorney relationship has terminated? |
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Definition
| Yes, Rule 1.9(c)(2) mandates that the confidentiality requirement of Rule 1.6 continues after the attorney-client relationship has ended. |
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Term
| Rule 1.7 relates to what topic? |
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Definition
| Conflict of interest with current clients |
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Term
| Other than in four exceptional situations, a lawyer shall not represent a client if the representation involves what kind of conflict of interest (Rule 1.7(a))? |
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Definition
| Concurrent conflict of interest (1.7(a)) |
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Term
| Under Rule 1.7(a) a concurrent conflict of interest exists under what two circumstances? |
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Definition
1) if the representation of one client will be directly adverse to another client; or
2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client, or a third person or by a personal interest of the lawyer. |
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Term
| Under what rule must a lawyer refrain from representing a client due to a conflict of interests between the client and a personal interest of the lawyer? |
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Definition
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Term
| Must a lawyer refrain from representing a client if there is a concurrent conflict of interests with a former client? |
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Definition
| Yes, under Rule 1.7(a)(2) a lawyer must refrain from representing a client if there is a significant risk that the representation of the client will be materially limited by the lawyer's responsibilities to a former client. |
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Term
| What are the four exceptions to Rule 1.7(a) prohibiting a lawyer from representing a client due to a concurrent conflict of interests? |
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Definition
Under Rule 1.7(b) a lawyer may represent a client if:
1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
2) the representation is not prohibited by law;
3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in teh same litigation or other proceeding before a tribunal;
4) each affected client gives informed consent, confirmed in writing. |
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Term
| How must a lawyer resolve a concurrent conflict of interest under Rule 1.7? |
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Definition
Comment 2 to Rule 1.7 states that resolution of a confict of interest requires a lawyer to:
1) clearly identify the client or clients;
2) determine whether a conflict of interest exists;
3) decide whether the representation may be undertaken despite the existence of a conflict (whether it is consentable); and
4) if so, consult with the clients and obtain their informed consent, confirmed in writing. |
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Term
| If a lawyer has not obtained informed consent confirmed in writing regarding consentable concurrent conflicts of interest, and the lawyer learns after representation has begun that a conflict of interests exists, what must the lawyer do? |
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Definition
| Under Rule 1.16 the lawyer must withdraw from representing the client. |
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Term
| May a lawyer cross-examine a current client in the representation of another client? |
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Definition
| No, comment 6 to Rule 1.7 explicitly forbids a lawyer from cross-examining a current client in the representation of another client. |
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Term
| May a lawyer represent the seller of a business in negotiations with a buyer who is also that lawyer's client, represent the seller in another, unrelated matter? |
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Definition
| Under Rule 1.7(b) the lawyer may only represent the buyer and the seller in an unrelated matter after obtaining written confirmation of informed consent from both parties. |
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Term
| What does it mean for a lawyer's representation of one client to be "materially limited" due to his responsibilities to another client, a former client, a third party, or his personal interests? (Rule 1.7(a)(2)) |
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Definition
| A lawyer's representation of a client is materially limited if there is a significant risk that the lawyer's ability to consider, recommend, or carry out an appropriate course of action for the client is materially hindered. |
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Term
| A lawyer asked to represent several individuals seeking to form a joint venture - may the lawyer represent all individuals in the transaction under Rule 1.7(a)? |
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Definition
| No, because the lawyer is likely to be materially limited in his ability to recommend or advocate all possible positions that each might take bacause of the lawyer's duty of loyalty to the others. |
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Term
| May a lawyer represent a client when the opposing counsel is from a firm courting the lawyer to join them? |
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Definition
| No, this would be an example of a personal conflict of interest under 1.7(a)(2). |
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Term
| 1.7(b) provides 4 conditions that must exist so that a lawyer may represent a client, despite a concurrent conflict of interest. When there is a conflict of interest that meets all four conditions, it is referred to as what kind of conflict? |
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Definition
| Consentable conflict because the lawyer may represent both affected parties upon obtaining written confirmation of informed consent from all parties. |
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Term
| May a client give informed consent to waive any future conflicts of interest? |
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Definition
| Comment 22 to Rule 1.7 explains that a client may only waive future conflicts of interest if all conditions under 1.7(b) are met and the client clearly understands all material risks involved with the potential conflicts. |
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Term
| Under what circumstances may a lawyer represent co-plaintiffs in the same litigation? |
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Definition
| When the plaintiffs have similar interests in the litigation and when all conditions under 1.7(b) are met. (Comment 23 to 1.7) |
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Term
| When a lawyer is representing a class of plaintiffs or defendants in a class-action law suit, are the unnamed members of the class considered clients of the lawyer for the purpose of 1.7(a)(1)? |
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Definition
| No, under comment 25 to Rule 1.7 unnamed members of a represented class are not considered clients. |
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Term
| What does Rule 1.8 discuss? |
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Definition
| Specific Rules on conflicts of interest with current clients |
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Term
| Rule 1.8(a) prohibits a lawyer from entering into ______ with a client. |
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Definition
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Term
| Rule 1.8(a) also prohibits a lawyer from knowingly doing what that is adverse to a client? |
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Definition
| Knowingly acquiring an ownership, possessory, security, or other pecuniary interest. |
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Term
| What three conditions must be met in order for a lawyer to get around the Rule 1.8(a) prohibition on entering into a business transaction with or knowingly acquiring an ownership, possessory, security or other pecuniary interest adverse to a client? |
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Definition
1) When the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;
2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and
3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in the transaction. |
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Term
| What rule forbids a lawyer from using information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as otherwise required by the model rules? |
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Definition
| Rule 1.8(b) - Specific rules on conflicts of interest with current clients |
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Term
| Can a lawyer prepare a testamentary instrument on behalf of a client, giving the lawyer or a person related to her a substantial gift, if the lawyer is not related to the client? |
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Definition
| No. Under Rule 1.8(c)a lawyer may not draw up a testamentary instrument for an unrelated client, giving herself or her family a substantial gift. |
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Term
| Could I draw up my parents' will if they want to leave me a substantial gift? |
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Definition
| Yes, rule 1.8(c) allows spouses, children, grandchildren, parents, grandparents or other relatives to draw up each other's testamentary instruments. |
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Term
| To what extent may a lawyer provide financial assistance to a client in connection with pending or contemplated litigation? |
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Definition
Under 1.8(e) the lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and
a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client. |
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Term
| What three conditions must apply for a lawyer to be able to accept compensation for representing a client from one other than the client under Rule 1.8(f)? |
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Definition
1) The client must give informed consent;
2) There must not be interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and
3) information relating to the representation of the client must remain protected per Rule 1.6 |
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Term
| When may a lawyer make an agreement prospectively limiting the lawyer's liability to a client for a malpractice under Rule 1.8(h)? |
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Definition
| When the client is independently represented in making the agreement. |
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Term
| May a lawyer settle a claim or potential claim for malpractice with an unrepresented client or a former client? |
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Definition
| Only if the person is advised in writing of the desirability of seeking and is given reasonable opportunity to seek the advice of independent counsel. Rule 1.8(h)(2) |
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Term
| In what limited situations may a lawyer acquire a proprietary interest in teh cause of action or subject matter of litigation the lawyer is conducting for a client under Rule 1.8(i)? |
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Definition
1) A lawyer may acquire a lien authorized by law to secure the lawyer's fee or expenses, and
2) the lawyer may contract with a client for a reasonable contingent fee in a civil case |
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Term
| May a lawyer engage in sexual relations with a client if the relationship existed before the client-lawyer relationship commenced? |
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Definition
| Under rule 1.8(j) a lawyer may only engage in sexual relations with a client if the sexual relationship existed before they started their lawyer-client relationship. |
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Term
| Do conflicts of interest discussed in Rule 1.8 only exist between the client and the lawyer? |
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Definition
| No, under 1.8(k) all of the conflicts discussed in 1.8 apply to all lawyers associated in a firm. |
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Term
| Rule 1.9 relates to a lawyer's duties to who? |
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Definition
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Term
| May a former client give informed consent in writing, allowing a lawyer to represent another person in the same or a substantially related matter in which the person's interests are materially adverse to the former client's? |
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Definition
| Yes, according to Rule 1.9(a) a lawyer may only represent another person in a substantially similar matter in which that person's interests are materially adverse to the former client's if the former client gives informed consent, confirmed in writing. |
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Term
| Rule 1.9(a) prohibits a lawyer from representing a person in a substantially similar matter whose interests are materially adverse to whose? |
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Definition
| A former client who the lawyer represented in a substantially similar matter. Note, however, the former client may give informed consent to this representation, confirmed in writing. |
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Term
| Under what conditions does rule 1.9(b) prohibit a lawyer from knowingly representing a person in the same or a substantially related matter in which a firm with thich the lawyer formerely was associated had previously represented a client? |
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Definition
| When the client's interests are materially adverse to that person and when the person acquired information protected by Rules 1.6 and 1.9(c) about that person. |
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Term
| What two things are a lawyer who has formerly represented a client in a matter (or whose firm has) prohibited from doing by Rule 1.9(c) after the representation is over? |
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Definition
1) use information relating to the representation to the disadvantage of the former client, except when the information has become generally known;
2) reveal information relating to the representation except as the Rules permit/require |
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Term
| If information relating to the representation of a former client has become generally known, may the lawyer use the information to the disadvantage of the former client? |
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Definition
| Yes. Rule 1.9(c)(1) allows a lawyer to use information relating to the representation of a former client to the disadvantage of the former client, when that information has become generally known. |
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Term
| What is the following fact pattern an example of: A lawyer who has represented a businessperson and learned extensive private financial information about that person may not that represent that person's spouse in seeking a divorce. |
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Definition
| Rule 1.9(a) duty to a former client not to represent another person in a substantially related matter in which the other person's interests are materially adverse to the interests of the former client. |
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Term
| If a lawyer moves to a new firm, may he represent a person in the same or a substantially related matter in which the old firm previously represented a client whose interests are materially adverse to the person's, if the lawyer did not acquire any information regarding the representation of that client while he was at the old firm? |
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Definition
| Yes, Rule 1.9(b) only prohibits a lawyer switching firms from representing someone adverse to the former client in a substantially related matter if that lawyer had access to information related to the representation of the old firm's client. |
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Term
| Rule 1.10 is a General Rule regarding what? |
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Definition
| Imputation of Conflicts of Interest |
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Term
| Rule 1.10(a) prohibits all lawyers associated in a firm from representing a client when any one of the lawyers has what? |
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Definition
| A conflict of interest with the client under rules 1.7 or 1.9 (unless it's merely a personal conflict of interest and it doesn't present a significant risk that the representation will be materially limited. |
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Term
| What is the exception to the Rule 1.10 prohibition on lawyers in the same firm representing anyone with whom any of the lawyers have a conflict of interest? |
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Definition
| If the conflict of interest between one lawyer and the potential client is personal and does not present a significant risk of materially limiting the representation of the client, the personal conflict of interest is not imputed to the other members of the firm. |
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Term
| Generally, may a firm represent a person with interests materially adverse to those of a former client of a lawyer who left the firm under Rule 1.10(b). |
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Definition
| Generally, yes the firm may represent the person with adverse interests to the former lawyer's former client. However, if two conditions exist the firm may not represent the person. |
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Term
| What two conditions must exist for a firm to be prohibited from representing a person whose interests are adverse to those of a former client represented by a lawyer who no longer works at the firm, under Rule 1.10(b) |
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Definition
1) The matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and
2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter. |
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Term
| If a lawyer is disqualified to represent a former client due to imputation of an associated lawyer's conflict of interest with the potential client, may the client waive the disqualification? |
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Definition
| Yes, under Rul 1.10(c) under the conditions stated in Rule 1.7 (informed consent confirmed in writing) |
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Term
| Rule 1.11 Discusses special conflicts of interest for what kinds of lawyers? |
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Definition
| Former and current government officers and employees |
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Term
| Rule 1.12 relates to whom? |
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Definition
| Former judges, arbitrators, mediators, or other third-party neutrals |
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Term
| Rule 1.13 Discusses the nuances involved when a lawyer represents who? |
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Definition
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Term
| Who does a lawyer employed or retained by an organization represent under Rule 1.13(a)? |
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Definition
| The organization acting through its duly authorized constituents |
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Term
| Under what circumstances must a lawyer report an issue to a higher authority in the organization, including (if necessary) the highest authority that can act on behalf of the organization, under Rule 1.13(b)? |
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Definition
| When a lawyer knows that an officer, employee o rother person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law that reasonably might be imputed to the organization, and that is likely to result in substantial injury to the organization. (BUT the lawyer is only required to report it to a higher authority if she believes that it's necessary in teh ebst interest of the organization to do so) |
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Term
| Under Rule 1.13(b), if an accountant in an organization comes to the lawyer representing the organization and confesses that she has embezzled millions of dollars from the organization, is this information protected by the attorney-client privilage, or the confidentiality requirement? |
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Definition
| No it is not; the lawyer must refer the matter to higher authority because it is a violation of a legal obligation to the organization, and it is likely to result in substantial injury to the organization, and it is likely necessary in the best interest of the organization. Furthermore, the lawyer is representing the organization and not the accountant, personally so the client communications are not confidential within the organization. |
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Term
| Under what circumstances may a lawyer reveal information relating to the representation of an organization, to sources outside the organization? |
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Definition
| (Rule 1.13(c))If the lawyer reported illegal employee activity that is likely to result in substantial injury to the organization to the highest authority in the organization, and the authority failed to address the matter in a timely or appropriate manner and the lawyer reasonably believes that the violation is reasonably certain to result in substantial injury to the organization, than the lawyer may reveal information (despite Rule 1.6) to the extent the lawyer reasonably believes necessary to prevent substantial injury to the organization. |
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Term
| A lawyer is not permitted to reveal potentially damaging information to outside sources due to the highest authority's failure to address the situation if the lawyer is representing the organization regarding what? |
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Definition
| Investigation of an alleged violation of law, or to defend the organization or an officer, employee or other constituent associated with the organization against a claim arising out of an alleged vioaltion of law. |
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Term
| When a lawyer is dealing with an organization's directors, officers, employees, members, shareholders, or other constituents - what condition must exist for the lawyer to be required to expain the identity of the organization client under Rule 1.13(f)? |
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Definition
| WHen the lawyer knows or reasonably should know that the organization's interests are adverse to those of the constituents with whom the lawyer is dealing. |
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Term
| May a lawyer representing an organization also represent individual directors, officers, employees, members, shareholders, or other constituents under Rule 1.13(g)? |
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Definition
| Yes, however this is subject to the 1.7 provisions on specific conflicts of interest with current clients. If there is a waivable conflict of interest, the organization must give consent through an appropriate official other than the individual who is to be represented, and the individual must also give consent. |
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Term
| Rule 1.14 governs a lawyer's representation of what kind of client? |
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Definition
| A client with diminished capacity. |
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Term
| Rule 1.15 Relates to the safekeeping of what? |
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Definition
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Term
| A third-party or client's funds in a lawyer's possession in connection with a representation, must be kept where, under Rule 1.15(a)? |
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Definition
| In a seperate account maintained in the state where the lawyer's office is situation, or elsewhere with the property owner's consent. |
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Term
| How long must a lawyer preserve the records of account funds and other property of a client or third person, kept in connection with a representation? |
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Definition
| Five years after the termination of representation. (Rule 1.15(a)) |
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Term
| What are the two conditions under which a lawyer may deposit her own funds in a client trust account, under Rule 1.15(b)? |
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Definition
1) For the sole purpose of paying bank service charges on that account; and
2) in the amount necessary for that purpose |
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Term
| What must a lawyer deposit in a client trust account? (Rule 1.15(c)) |
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Definition
| Legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred. |
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Term
| When may a lawyer make withdrawals on a client trust account under Rule 1.15(c)? |
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Definition
| When fees are earned or expenses incurred in the representation of the client. |
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Term
| Is a lawyer required to render a full accounting of property held by the lawyer on behalf of a client or third person under Rule 1.15(d)? |
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Definition
| Yes, however the lawyer is only required to do this upon request. |
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Term
| Where shall property be kept when the lawyer and the third person/client claim an interest in the property, under Rule 1.15(e)? |
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Definition
| The property shall be kept separate by the lawyer until the dispute is resolved. |
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Term
| What is governed by Rule 1.16? |
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Definition
| Declining or terminating representation |
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Term
| In what three situations does rule 1.16 require a lawyer to withdraw from representation or decline representation? |
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Definition
1) when the representation will result in violation of the rules of professional conduct or other law;
2) when the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or
3) the lawyer is discharged. |
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Term
| In what seven situations is a lawyer permitted to withdraw from representing a client under Rule 1.16(b)? |
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Definition
1) Withdrawal can be accomplished without material adverse effect on the intersts of the client;
2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent;
3) the client has used the lawyer's services to perpetuate a crime or fraud;
4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement;
5) the client fails substantially to fulfuill an obligation to the lawyer regarding the lawyer's services and ahs been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or
7)other good cause for withdrawal exists. |
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Term
| Rule 1.18 discusses a lawyer's duties to whom? |
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Definition
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Term
| What is a prospective client under Rule 1.18(a)? |
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Definition
| A person who discusses the possibility of forming a client-lawyer relationship with respect to a matter, with a lawyer. |
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Term
| May a lawyer use or reveal information learned in consultation with a prospective client under Rule 1.18(b) |
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Definition
| Only to the extent that Rule 1.9 would perit with respect to information of a former client |
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Term
| Rule 1.18(b) prohibits a lawyer from representing a client with interests materially adverse to those of a prospective client under what conditions? |
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Definition
1) When the current and prospective client are involved in the same or a substantially related matter
2) when the lawyer received information from the prospective client, and
3) when that information could be significantly harmful to that person in the matter |
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Term
| What two conditions must exist for a lawyer at a law firm to permissably represent both a client and prospective client a substantially similar matter, when another lawyer in the same firm has received damaging information about the current client from the prospective client? |
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Definition
Under 1.18(d) representation is permissible if:
1) both the affected client and the prospective client have given informed consent, confirmed in writing; OR
2) the lawyer woh received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and
(i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
(ii) written notice is promptly given to the prospective client. |
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Term
| Under rule 1.18(c) who is prohibited from representing a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the matter? |
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Definition
| The lawyer representing the client and any lawyer in the firm with which the other lawyer is associated. |
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Term
| Article 2 of the Model Rules discuss the lawyer's responsibilities in what capacity? |
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Definition
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Term
| Rule 2.1 Discusses the lawyer's responsibilities in what role? |
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Definition
| That of an advisor to his client |
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Term
| In rendering advice to a client, a lawyer may take what into consideration, according to rule 2.1? |
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Definition
| The law as well as moral, economic, social and political factors. |
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Term
| Rule 2.1 requires a lawyer to exercise what kind of judgment and render what kind of advice? |
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Definition
| independent professional judgment and candid advice |
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Term
| Rule 2.3 discusses evaluation of a matter affecting a client for the use of who? |
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Definition
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Term
| Rule 2.3 allows a lawyer to provide an evaluation of a matter affecting a client for the use of a third person if the the lawyer reasonably believes what? |
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Definition
| That making the evaluation is compatible with other aspects of the lawyer's relationship with the client |
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Term
| Rule 2.3(b) prohibits a lawyer from doing what without the client's informed consent? |
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Definition
| Providing an evaluation of the client's matter to a third person when the lawyer knows or reasonably should know that the evaluation is likely to affect the client's interests materially and adversely. |
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Term
| Is information relating to an evaluation of a client's matter provided to a third person protected by Rule 1.6, according to rule 2.3(c)? |
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Definition
| Yes, except as disclosure is authorized in connection with a report of an evaluation. |
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Term
| Rule 2.4 discusses a lawyer's responsibilities to who in what role? |
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Definition
| A lawyer's responsibility to two or more non-clients when the lawyer assists them as a third-party neutral to reach a resolution of a dispute. |
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Term
| Under Rule 2.4(a) when does a lawyer serve as a third party neutral? |
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Definition
| When the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them. |
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Term
| Does Rule 2.4(b) require a lawyer to inform all non-represented parties of the lawyer's role as mediator or arbitrator? |
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Definition
| No, a lawyer is only required to inform them that he is not representing them and then of his role if he knows or reasonably should know that either party does not understand his role in the matter. |
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Term
| Article 3 of the Model Rules relates to the lawyer's role as what? |
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Definition
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Term
| Rule 3.1 relates to what kind of claims and contentions? |
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Definition
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Term
| Rule 3.1 prohibits a lawyer from bringing or defending a proceeding, or asserting a controvert or issue therein, unless what? |
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Definition
| There is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of existing law. |
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Term
| Rule 3.1 requires a lawyer to defend a client in a criminal proceeding to what extent? |
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Definition
| To the extent that they require every element of a case be established. |
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Term
| Rule 3.2 relates to what in litigation? |
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Definition
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Term
| Rule 3.2 requires a lawyer to do what in reference to expediting legislation? |
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Definition
| Make reasonable efforts to expedite litigation consistent with the interests of the client. |
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Term
| Rule 3.3(a) prohibits a lawyer from knowingly doing three things relating to candor toward the tribunal... what are they? |
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Definition
1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
2) 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
3) offer evidence that the lawyer knows to be false. If a lawyer, the client, or a witness called by lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. |
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Term
| What rule requires disclosure of material evidence that the lawyer comes to discover is false, and to whom must that be disclosed? |
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Definition
| Rule 3.3(a)(3) and that must be disclosed to the tribunal. |
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Term
| Rule 3.3 requires disclosure to the tribunal relating to fraudulent conduct under what circumstances? |
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Definition
| When the lawyer knows that a person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding. |
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Term
| In what situation must a lawyer inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse? |
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Definition
| In an ex parte proceeding, according to Rule 3.3(d). |
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Term
| What is a "tribunal" under 1.0(m)? |
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Definition
| a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. When a neutral official, after presentation of evidence or legal argument, will render a binding legal judgment directly affecting a party's interest in a particular matter. |
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Term
| Rule 3.4 Discusses fairness to who in litigation? |
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Definition
| Opposing party and counsel |
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Term
| Rule 3.4(a) prohibits a lawyer from doing what with evidence? |
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Definition
| obstructing another party's access to it or unlawfully altering, destroying, or concealing a document or material having potential evidentiary value. A lawyer is also prohibited from counseling another person to do these things. |
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Term
| Rule 3.4(b) prohibits a lawyer from doing what relating to evidence? |
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Definition
| falsifying evidence, counsel or assisting a witness to testify falsely, or offering an inducement to a witness that is prohibited by law. |
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Term
| Rule 3.4(c) prohibits a lawyer from doing what regarding obligations under the rules of a tribunal? |
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Definition
| knowingly disobeying them, except for an open refusal based on an assertion that no valid obligation exists |
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Term
| Rule 3.4(d) prohibits a lawyer from doing what, relating to a pretrial procedure? |
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Definition
| making a frivolous discovery request or failing to make reasonably diligent effort to comply with legally proper discovery request by an opposing party |
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Term
| Rule 3.4(e) prohibits a lawyer from doing what in a trial? |
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Definition
| Alluding to any matter that the lawyer doe snot reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused |
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Term
| Rule 3.4(f) prohibits a lawyer from doing what relating to the voluntary release of information? |
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Definition
| requesting a person other than a client to refrain from voluntarily giving relevant information to another party |
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Term
| What are the two conditions that must exist to allow a lawyer to request a person other than a client to refrain form voluntarily giving relevant information to another party under Rule 3.4(f)? |
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Definition
1) the person is a relative or employee or other agent of a client; and
2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information. |
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Term
| Rule 3.5 relates to what regarding a tribunal? |
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Definition
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Term
| Rule 3.5 prohibits a lawyer from doing four things relating to impartiality and decorum of a tribunal. What are they? |
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Definition
1) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;
b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order;
c) communicate with a juror or prospective juror after discharge of the jury if:
1) the communication is prohibited by law or court order; or
2) the juror has made known to the lawyer a desire not to communicate; or
3) the communication involves misrepresenation, coercion, duress or harassment;
and
d) engaging in conduct intended to disrupt a tribunal. |
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Term
| Under 3.5(c) a lawyer is prohibited from communicating with a juror or prospective juror after discharge of the jury if one of what three conditions exist? |
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Definition
1) the communication is prohibited by law or court order; or
2) the juror has made known to the lawyer a desire not to communicate; or
3) the communication involves misrepresenation, coercion, duress or harassment. |
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Term
| Rule 3.6 discusses what related to trial? |
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Definition
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