Term
| What are the three ways in which an applicant from bar admission may be rejected. |
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Definition
| 1. Knowingly making a false statement of material fact. 2. Failing to disclose a material fact. 3. Failing to respond to a lawful demand by the disciplinary authority. |
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Term
| When is an attorney subject to discipline for the acts of others? |
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Definition
| If the lawyer: 1. Orders the misconduct. 2. Ratifies the misconduct with knowledge of the specific misconduct. 3. Having direct supervisory authority over another lawyer or law-related employee knows of the misconduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action. |
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Term
| Will a subordinate lawyer be subject to discipline for following orders of a superior? |
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Definition
| Only if it was unreasonable to follow the orders. |
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Term
| When must an attorney report misconduct of another attorney. |
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Definition
| When the attorney has 1. Actual Knowledge 2. of a matter that raises a substantial question about the lawyer's honesty, trustworthiness, or professional fitness. 3. |
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Term
| Unauthorized practice of law: |
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Definition
| An attorney is subject to discipline for practicing in a jx they are not admitted to practice, or assisting someone who is not an attorney in the unauthorized practice of law. |
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Term
| When can an attorney practice in another jx? |
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Definition
| 1. By associating with a lawyer in another jx on a temporary basis. 2. By pro hac vice-temporary permission from the court to practice in the jx. 3. Mediation or arbitration arising out of admitted jx. 4. Temporary practice arising out of practice in admitted jx. |
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Term
| It is not unauthorized practice of law to: |
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Definition
| 1. Provide services only to his employer. 2. As allowed by Federal or local law. |
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Term
| How can a lawyer have his secretary do work for him without assisting in the unauthorized practice of law? |
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Definition
| By supervising and retaining responsibility for the work. |
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Term
| Fee-splitting between lawyers and non-lawyers is prohibited except when: |
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Definition
| 1. Fees are paid into a lawyer's estate as a death benefit according to an operating agreement. 2. A lawyer who purchases the practice of a deceased/disabled lawyer pays to the lawyer's estate or other representative. 3. Fees are shared with law form personnel via a compensation or retirement plan. 4. A lawyer shares court-awarded legal fees with a non-profit organization that employed, retained, or recommended employment of the lawyer in a matter. |
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Term
| Can a lawyer enter into a partnership with a non-lawyer? |
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Definition
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Term
| A lawyer is not permitted to practice with or in the form of a professional corporation authorized to practice law for a profit if: |
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Definition
| 1. A non-lawyers owns any interest therein. 2. A non-lawyer is a corporate director or officer thereof. 3. A non-lawyer has the right to direct or control the professional judgment of the lawyer. |
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Term
| How can a lawyer not implicate the lawyer-client relationship when providing legal services? |
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Definition
| By taking reasonable measures to assure the person obtaining law-related services knows that protections of the lawyer-client relationship do not exist. |
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Term
| A lawyer or law firm may sell or purchase a law practice or area of a law practice including the goodwill acquired if: |
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Definition
| 1. The lawyer ceases practice within the geographic region. 2. Written notice is given to the clients regarding the proposed sale. 3. The entire practice or area of practice is sold to one or more lawyers or law firms. 4. Client fees are not increased. |
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Term
| If a seller of a law practice sells his trademark business, can he still practice family law? |
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Definition
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Term
| How can a judge get around the no-practice after sale rule? |
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Definition
| If unanticipated circumstances arise. |
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Term
| When does the lawyer client relationship begin? |
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Definition
| When the client reasonably believes it does, no payment of fee is necessary. |
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Term
| When may an attorney limit the scope of the attorney client relationship? |
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Definition
| 1. When doing so is reasonable given the circumstances. AND 2. The client has informed consent. |
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Term
| WHat decisions are made by the client? |
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Definition
| All decisions regarding the objectives and goals of the representation. Including: 1. Whether to take a settlement or not. 2. Whether to plea. 3. Whether to have a jury or bench trial 4. Whether to testify in a criminal case. |
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Term
| When must an attorney withdraw from representation of a client? |
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Definition
| 1. When not withdrawing will result in violating the law or ethical rules. 2. When the attorney's mental or physical condition materially impairs his ability to represent the client. 3. Attorney is fired. |
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Term
| When may an attorney withdraw representation? |
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Definition
| 1. When there is no harm to the client for any reason. 2. If the attorney reasonably believes the client will persist in a course or action the attorney believes is criminal or fraudulent. 3. The lawyer reasonably believes his services have been used to perpetrate a crime or fraud. 3. The client insists on a course of action the attorney finds repugnant or has a fundamental disagreement with. 4. Client doesn't pay. 5. Representation will be an unreasonable financial burden. 6.The client has made representation unreasonably difficult. 7. Other good cause exists. |
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Term
| An Attorney has a duty to accept court appointments, when does good cause exist to decline representation? |
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Definition
| 1. When there's a conflict of interest. 2. When the lawyer could not handle the matter competently. 3. When the representation will be unreasonably burdensome. |
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Term
| When does the lawyer-client relationship begin? |
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Definition
| When the client reasonably believes it begins. |
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Term
| A lawyer may limit the scope of the representation if: |
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Definition
| 1. It is reasonable under the circumstances and 2. The client gives informed consent. |
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Term
| What can a lawyer do when he reasonably believes the client has diminished capacity, or is at risk of financial or physical harm? |
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Definition
| Take necessary protective action, including revealing information about the client to the extent reasonably necessary to protect the client's interests. |
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Term
| When is withdrawal mandatory? |
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Definition
| When failure to do so would result in violating ethical or other laws. 2. When the attorney's health or mental condition impairs the ability to represent the client. 3. When the attorney is fired by the client. |
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Term
| When is withdrawal permissive? |
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Definition
| 1. No harm to the client at anytime. 2. When the client persists in a course of action with the lawyer's services that the lawyer reasonably believes to be criminal or fraudlent. 3. The lawyer's services have been used by the client to perpetrate a crime or fraud. 4. Client insists on going in a course of action that the attorney finds repugnant. 5. Client fails to pay and has been given reasonable warning that lawyer will withdraw. 6. Representation will be an unreasonable financial burden. 7. The client has made representation unreasonably difficult. 8. Other good cause exists. |
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Term
| What are the requirements for contingency fees, and what cases are they not allowed in? |
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Definition
| They must be reasonable and in writing. They are impermissible in criminal and domestic cases. |
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Term
| A contingent fee writing must contain, and at the conclusion of the representation, the attorney must provide: |
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Definition
1. Client's signature. 2. Calculation method of the fee. 3. Details of the calculation for deductions for expenses.
At the end of representation, the attorney must provide a written statement calculating the money for the client, and the method of its determination. |
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Term
| How can lawyers from different firms split a fee agreement. What are the conditions? |
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Definition
| 1. Fee must be given in proportion to the services rendered by each lawyer. 2. The client must agree in writing. 3. The total fee charged must be reasonable. |
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Term
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Definition
| A lawyer can't receive anything of value for another person's recommendation of their services |
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