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Free flashcards to ace your Bar exam - Professional Responsibility
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Professional Responsibility
47 flashcards
The Model Rules of Professional Conduct, adopted by the American Bar Association but enforced by each state's bar association.
The duty of confidentiality - lawyers must protect information relating to the representation of a client.
When the client gives informed consent, or in limited circumstances defined by law to prevent reasonably certain death or substantial bodily harm.
The protection of confidential communications between attorneys and clients for the purpose of seeking or providing legal advice.
Concurrent conflicts, where representing one client will be adverse to another, and former client conflicts when representing a new client in the same or substantially related matter.
Candor toward the tribunal, not assisting client crimes or frauds, expediting litigation, maintaining an adversary system.
The state ethics rules where the court sits, plus the Federal Rules of Civil Procedure, Criminal Procedure, Evidence and Professional Conduct.
Whether the communications were made for the purpose of seeking legal advice and creating an attorney-client relationship.
Disciplinary measures like reprimands, suspensions and disbarment, civil liability like fee forfeiture and malpractice, and criminal charges in egregious cases.
Screen the new lawyers from matters involving former clients at the prior firm using ethical screening measures.
Contingent fees in most civil cases, hourly or flat fees, and prohibited from taking an ownership interest in the subject matter of the litigation.
Make clear that they are representing an adverse party and cannot give unbiased advice about the legal rights and responsibilities of that person.
If the lawyer reasonably believes the client can make adequately considered decisions with assistance, the lawyer should try to maintain a normal client-lawyer relationship.
Ads must be truthful and not misleading. In-person solicitation is prohibited in many situations to avoid potential overreaching.
Funds belonging to clients or third parties must be kept in a separate trust account from the lawyer's own property.
Fees must be reasonable and explained in writing. Lawyers must refund any unearned portion if representation is terminated.
Take steps to protect the client's interests, give reasonable notice, refund unearned fees, and allow time for the client to find new counsel.
To prevent reasonably certain death or substantial bodily harm, or to prevent the client from committing a crime that is reasonably certain to result in such harms.
Sexual relationships with current clients are prohibited under the Model Rules, unless the relationship predated the attorney-client relationship.
Promptly notify the sender and either return, destroy or sequester the documents until dispute is resolved.
Remonstrate with the client, withdraw if the conduct persists, and may disclose confidences only to prevent future crimes that will result in death or serious bodily harm.
Lawyers must be courteous, avoid offensive tactics, not make false statements about the integrity of other lawyers, and not seek to disqualify for improper reasons.
Give reasonable notice, protect the client's interests, refund unearned fees, surrender papers and property to the client, and allow time for employment of new counsel.
Promptly notify the sender to permit that person to take protective measures, and either return, destroy or sequester the information.
Lawyers may use confidential information for the client's advantage, but never to the client's disadvantage unless the client consents after consultation.
Lawyers must comply with the rules where they are admitted, where they provide services, and where the predominant effect of their conduct occurs.
A duty to report serious professional misconduct by other lawyers that raises a substantial question as to honesty, trustworthiness or fitness.
Lawyers cannot acquire a proprietary interest in the subject of litigation except for contingent fees or acquiring a lien on the client's recovery.
Competence, diligence, communication, confidentiality, avoiding conflicts of interest, and safeguarding client property.
After full disclosure and an opportunity to consult independent counsel, a waiver is effective if the client gives informed consent confirmed in writing.
Lawyers must make clear they are representing an adverse interest and cannot state or imply they are disinterested.
Advertising must be truthful, and direct in-person solicitation is prohibited when significant potential for overreaching exists.
Restrictions on representing private clients in matters involving the same specific party or transaction as the prior government work.
Duties of fairness, avoiding wrongful convictions, disclosing favorable evidence, and acting as a minister of justice beyond just advocacy.
Identify the organization's duly authorized members, clarify who within the organization is the lawyer's client, and follow instructions from that authority.
Act in accordance with the rules of professional conduct, which may require disobeying unethical directives from a supervisory lawyer.
Making reasonable efforts to ensure the firm has measures giving reasonable assurance of ethical compliance by all firm lawyers and staff.
Make reasonable efforts to ensure subordinate lawyers conform their conduct to the rules of professional conduct.
Duties of impartiality and avoiding conflicts of interest, maintaining confidentiality of information learned in the process, and abiding by additional ethics requirements.
The privilege does not apply if the communication was for the purpose of getting advice for the commission of a fraud or crime.
Only with client consent, to prevent reasonably certain death or substantial bodily harm, or for limited purposes in controversies between lawyer and client.
Serving the public interest is their highest duty and they cannot participate in matters in which their impartiality may reasonably be questioned.
Lawyers must correct material false statements previously made to a tribunal, even if confidential information must be disclosed to do so.
Bring only claims and defenses warranted by existing law or a good faith extension or modification of it, after reasonable investigation.
Lawyers may only advance court costs and expenses of litigation, with repayment contingent on the outcome of the matter.
Lawyers serving as third-party neutrals are subject to special ethics rules ensuring impartiality and avoiding conflicts of interest.
Lawyers may state the claim, offense or defense involved, and basic information from public records, but must avoid prejudicing proceedings.