Shared Flashcard Set

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Ethics
ABA Rules of Ethics
20
Law
Post-Graduate
05/09/2018

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Cards

Term
Competence
Definition
An attorney should be __________to handle a legal matter. This means lawyers should refrain from taking cases in areas of law with which they are unfamiliar, unless they make an effort to ensure adequate representation (such as hiring co-counsel with experience in those areas).
Term
Diligence/Unwarranted Delay
Definition
An attorney should act with due _________on a case. A paralegal can assist an attorney by acting promptly on assigned tasks
Term
Fees
Definition
The shortest of all ABA rules, the rule on _____, simply states that they should be “reasonable.” Whether a _____ is reasonable varies according to the services performed, the experience of the attorney, and the standards of the community
Term
Crime or Fraud by Attorney
Definition
An attorney may be sanctioned if he or she engages in conduct that is __________or ___________.
Term
Crime or Fraud by Client
Definition
Although an attorney may represent someone who has committed a _______ or _____, the attorney may not counsel the client to engage in such conduct
Term
Frivolous Legal Positions
Definition
An attorney may not assert a _______claim or defense. This rule would also prevent an attorney from presenting a defense or claim that he or she knows is not true
Term
Safekeeping Property
Definition
An attorney holding money or property belonging to a client must keep it separate from the attorney’s holdings. Although this rule is often ignored, an attorney should not intermingle client funds
Term
False Statements and Failure to Disclose
Definition
An attorney may not make ______ ___________. An attorney must disclose relevant information and authority, even if that information and authority are damaging to the client
Term
Withdrawal
Definition
An attorney must ask the court for permission if she wishes to __________ from a case
Term

Confidentiality of Information

Attorney/Client Privilege

Definition
Communication with the client must remain confidential even after the death of a client
Term

Confidentiality of Information

Attorney Work Product

Definition
Material prepared in anticipation of litigation is not discoverable
Term

Confidentiality of Information

Inadvertent Disclosure of Confidential Information

Definition
An attorney must make reasonable efforts to ensure that confidential information is not accidentally disclosed. Even if the disclosure is accidental, the attorney may still be found culpable
Term
Conflict of Interest
Definition

• An attorney should not engage in business transactions with a client.

• An attorney should not accept gifts from a client.

• An attorney should not engage in sex with a client.

• An attorney should not take a case in which she has a personal bias.

• An attorney should not engage in multiple representation (representing both sides in a case) unless the parties are informed of the risks and agree in writing.

• An attorney should not take a case involving a former client who is a present adversary.

• When changing jobs, attorneys must ensure they have no access to information in the new firm regarding previous representation from the old firm. This is often called a “Chinese Wall.”

• An attorney must check each case the firm accepts for conflicts.

• The stipulations above extend to legal staff.

Term
Communication with the Other Side
Definition
An attorney may not communicate with the client from the opposing side, unless the opposing counsel agrees or the opposing party represents himself
Term
Solicitation
Definition
An attorney may not solicit work from a specific prospective client when the attorney may have a monetary motive for doing so
Term
Advertising
Definition
An attorney may advertise as long as the advertisement is not misleading
Term
Reporting Professional Misconduct
Definition
An attorney who knows that another attorney is engaging in professional misconduct must report such conduct to the appropriate authority
Term
Appearance of Impropriety
Definition
An attorney is not supposed to engage in activity that might have the appearance of being unethical or improper
Term
Unauthorized Practice of Law
Definition
An attorney may not assist a nonlawyer in the _______ _________  of __________.
Term
Paralegals, Secretaries, and Other Legal Staff
Definition
An attorney may delegate virtually any task to a staff member, as long as the attorney takes responsibility for the staff’s conduct and work product. The only tasks that the staff may not perform are giving legal advice and/or acting in a legally representative capacity
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