Term
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Definition
| 1) Goals and objectives, 2) final settlement/plea bargain, 3) waive jury trial, 4) testify |
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Term
| A lawyer can limit scope of the representation (2) |
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Definition
| 1) if it's reasonable and 2) client gives informed consent |
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Term
| A lawyer cannot counsel clt if |
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Definition
| the lawyer KNOWS the conduct is criminal or fraudulent |
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Term
| After accepting a clt, lawyer can't delegate to another lawyer not in the law firm unless |
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Definition
| clt gives informed consent |
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Term
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Definition
| 1) Don't have to press every advantage - use professional discretion. 2) Work load must be controlled. 3) All matters carried out to conclusion. 4) Solo's must have contingency plan for illness/death. |
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Term
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Definition
1) Don't do anything too novel like patent 2)Inquiry and analysis of the facts 3) Meeting CLE requirements
-Ok to give incompetent advice in an emergency if reasonably necessary |
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Term
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Definition
1) Keep Clt reasonably informed so clt can make informed decisions 2) promptly respond to clt's questions
-Might have to w/h info if serious health issue |
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Term
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Definition
| 1) reasonable 2) in writing give scope of representation and basis or rate of fee and expenses 3) may be cash, check, credit card, property |
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Term
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Definition
| 1) Excluded matters: domestic relations where fee is based on securing divorce, alimony, support, or property settlement. and criminal matters 2) In writing 3) Signed by the clt 4)state the method the fee will be calculated by 5) Include all potential expenses. 6) at conclusion, lawyer shall provide a written statement of the outcome and if recovery the remittance method |
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Term
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Definition
| if lawyers are not in same firm this is okay only when 1) the division is proportional. 2) the lawyers both assume joint financial responsibility. 3)the clt agrees, 4)the agreement is in writing. 5)the total fee is reasonable |
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Term
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Definition
| Unearned portion must be returned to client |
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Term
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Definition
| Lawyer can't disclose information relating to the representation unless clt provides informed consent |
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