Term
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Definition
an applicant shall not o make a false statement o fail to disclose things necessary to correct a “misapprehension”, or knowingly fail to respond; it doesn’t cover info protected by 1.6 |
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Term
Reporting Misconduct - MR 8.3 |
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Definition
According to the MRs (NOT the CA rules), a lawyer who knows about MR violations shall inform the authorities, subject to 1.6 limitations.
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Term
Choice of Laws for Discipline - MR 8.5 |
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Definition
- You're subject to the authority of the state where you're admitted, no matter where the conduct occurs, AND
- You're subject to other jxs where the effects of your misconduct are felt
- If you're not admitted, you're subject to local rules if you hold yourself out
Offenses in other jxs must be related to the practice of law to be punishable. |
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Term
Declining/Terminating Rep - MR 1.16 |
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Definition
Reject/withdraw if representation: - it breaks the rules
- lawyer has a physical or mental condition that impairs performance
- lawyer is discharged
You may withdraw if: - no adverse effect
- client is doing/has done something with the services that the lawyer thinks is criminal
- lawyer finds client's use of services repugnant
- client has failed to perform an obligation and has been warned
- rep. creates financial burden
- good cause . . .
You need permission, and you must leave client in as good a position as possible. |
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Term
Prospective Clients - MR 1.18 |
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Definition
A lot of the same confidentiality/conflict principles apply - can't use information from consultation, cannot represent someone adverse to pot. client. If you receive such information, rep. of adverse client still possible if - IC from affected/prospective clients - L takes reasonable measures to avoid more disqualifying information |
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Term
Meritorious Claims and Contentions (Frivolous lawsuits) - MR 3.1 |
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Definition
a prohibition against frivolous actions. The action must include a “good faith argument” that has a basis in law or moves for an extension, modification, or reversal of it. |
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Term
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Definition
o Must not be false or misleading o State can regulate but not ban o Cannot create unjustified expectations o Do not make unverifiable comparisons o California: see the rebuttable presumptions of CRPC 1-400 o A lawyer cannot give someone anything of value in exchange for recommending his or her services, except in cases of: § Costs of advertising § Lawyer referral service charges § Agreements that provide for a sort of quid pro quo with lawyers and non-lawyers, as long as it follows the rules. The agreement must be non-exclusive, and the client must be informed of the referral agreement. |
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Term
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Definition
o A lawyer cannot solicit employment in-person, on the phone, or using real-time electronic equipment, unless: § The person contacted is a lawyer § The person has a family or close relationship with the lawyer o Solicitation that falls under the above exceptions is prohibited when: § The person doesn’t want to be solicited § There’s duress, coercion, or harassment § The person is represented Solicitation letters must say “advertising material. Exceptions - pre-paid legal services
- other lawyer
- current client
- family
- no pecuniary gain motive
- former client
- close personal relationship
- class action notice
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Term
Communication of "Specialization" - MR 7.4 |
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Definition
Governs what areas of law a lawyer may or may not claim to practice. - If you claim to be a certified specialist, you must be certified by ABA or accredited org.
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Term
Firm Names and Letterheads - MR 7.5 |
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Definition
- Cannot be false or misleading. See 7.1
- Can't have dead people or absentee attorneys in your firm name
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Term
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Definition
- No unreasonable fees. Factors: time and labor, the likelihood of preventing other employment, customary fees for similar services, the amount involved, the results, time limitations, nature and length of relationship with the client, the experience of the lawyer, and whether the fee is fixed or contingent
- There must be a fee agreement
- Fee may be contingent - but not in domestic or ciminal
- You may only divide a fee if it's in proportion
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Term
Financial Assistance to Clients - MR 1.8(e) |
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Definition
o A lawyer shall not provide financial assistance to a client unless he’s advancing court costs and expenses of litigation, repayment of which may be contingent on the outcome, or, unless the client is indigent |
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Term
Principles of Safeguarding Client Property |
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Definition
o Segregation o Identification o Notification o Prompt delivery o Full accounting o Retain disputed funds in trust |
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Term
Contracts to limit Malpractice Liability |
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Definition
- You cannot prospectively limit liability. MR 1.8(h)(1).
- Can't settle existing/potential claim unless client is advised and can seek indep. counsel
- Arbitration clauses are permissible
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Term
Malpractice: Responsibilities of Partners, Managers, etc. - MR 5.1 |
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Definition
If you’re in a firm, you should take reasonable measures to make sure that other lawyers are following the rules. If you supervise a lawyer, it’s the same. You’re responsible for another lawyer’s misconduct if you order it, or have managerial authority in the firm and know of the conduct when its consequences can be avoided. |
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Term
Professional Independence of Lawyer - MR 5.4 |
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Definition
- (a) Don’t share legal fees with a nonlawyer, except: o By agreement with the firm o When you purchase the practice of a deceased lawyer, pay the estate o When you include nonlawyers in a compensation or retirement plan o You can share court-awarded legal fees with a non-profit - (b) don’t form a partnership with nonlawyers - (c) don’t permit a person who recommends, employs, or pays you to render services to another to interfere with your professional judgment - (d) don’t practice as a professional corporation or for-profit entity if o A nonlawyer owns an interest, except a fiduciary of your estate o A nonlawyer is an officer o A nonlawyer can otherwise direct your judgment |
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Term
Multijurisdictional Practice - MR 5.5 |
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Definition
- a lawyer admitted in another jx may temporarily practice o in association with another lawyer who is admitted o if authorized by law (pending matter) o if reasonably related to lawyer’s practice (e.g. arbitration, mediation of a divorce case in AZ) in jx in which she’s admitted (pending matter) o “not within” the two above conditions (not a pending matter?) and still reasonably related to lawyer’s practice in jx where admitted - a lawyer admitted in another jx may provide legal services that o are provided to the lawyer’s employer and do not require pro hac vice o are authorized by federal or other law to provide |
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Term
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Definition
- (a) lawyer shouldn’t release confidential information unless there’s implied/informed consent or subject to (b) - (b) lawyer may reveal information in order to o Prevent death/bodily injury o Prevent crime or fraud that will result in injury to financial interests or property and in furtherance of which the client is using the lawyer o Prevent or rectify injury to property or financial interest o Get legal advice about compliance with ethics rules o Comply with a court order |
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Term
Candor Toward the Tribunal - MR 3.3 |
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Definition
- (a) a lawyer shall not knowingly o Make a false statement, or fail to correct one o Fail to disclose controlling authority known to be adverse to his or her client o Offer false evidence. If it happens, the lawyer must take reasonable measures to remedy it. The lawyer can refuse to offer false evidence, other than client’s testimony - (b) a lawyer who knows that someone is going to commit criminal conduct related to the proceeding must take remedial measures o Garcia: a lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal - (c) duties under (a) and (b) apply notwithstanding MR 1.6. So 3.3(b) supersedes 1.6(b) (d) lawyer, in an ex parte proceeding, must reveal all material facts, even if the facts are adverse |
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