Shared Flashcard Set

Details

Illinois Rules of Professional Resp.
The rules I need to know
12
Law
Professional
05/06/2012

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Cards

Term
Client's choice (4)
Definition
1) Goals and objectives, 2) final settlement/plea bargain, 3) waive jury trial, 4) testify
Term
A lawyer can limit scope of the representation (2)
Definition
1) if it's reasonable and 2) client gives informed consent
Term
A lawyer cannot counsel clt if
Definition
the lawyer KNOWS the conduct is criminal or fraudulent
Term
After accepting a clt, lawyer can't delegate to another lawyer not in the law firm unless
Definition
clt gives informed consent
Term
Diligence (4)
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.
Term
Competence (3)
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
Term
Communication (2)
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
Term
Fee-General (3)
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
Term
Fee-Contingent (6)
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
Term
Division of Fee (5)
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
Term
Advanced Fee
Definition
Unearned portion must be returned to client
Term
Confidentiality
Definition
Lawyer can't disclose information relating to the representation unless clt provides informed consent
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