Term
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Definition
| a lawyer shall provide competent representation to a client. Competent representation requires the knowledge, skill, thoroughness, and preparation reasonably necessary for the representation |
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Term
Rule 1.1 Analysis
keep soft toilet paper |
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Definition
Do you have the requisite competency? The measure is whether or not you have the knowledge, skill, thoroughness, and preparation reasonably necessary
Test: a lawyer is competent if the lawyer has the legal K.S.T.P.
Standard:The required proficiency is usually that of a general practitioner although expertise in a particular area of law may be required in some circumstances
No Experience necessary:
*Competence does not require experience
*reasonable preparation may render you competent
*reasonable preparation may include association with a lawyer of established competence in the field |
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Term
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Definition
A lawyer shall abide by a client's decisions concerning the objectives of representation and as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case the lawyer shall abide by the client's decision after consultation with the lawyer as to a plea to be entered whether to waive a jury trial and whether the client will testify.
B. A lawyers representation of a client including representation by appointment, does not constitute an endorsement of the client's political, economic, social, or moral views or activities
c. a lawyer may limit the scope of representation if the limitation is reasonable under the circumstances and the client gives informed consent
d.A lawyer shall not counsel a client to engage or assist a client in conduct that a lawyer knows is criminal or fraudulent but a lawyer may discuss the legal consequences of any proposed course of conduct w/a client and may counsel or assist client in making a good faith effort to determine the valilty, scope, meaning or application of the law. |
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Term
Rule 1.2 D
Two kinds of improper assistance |
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Definition
A) Actively involved in what they are doing-active assistance
b. Sitting by and saying nothing-inactive assistance. The first thing you have to tell the client is that you have to tell the client before answering questions is that you have to tell the truth and if you do not it is perjury and time in prison. Also include the advice that if they perjure themselves, you have to tell the court
How should this situation be handled?
-be subtle and ask for a bathroo m break and ask the client to recant or I will hang you out to dry-(better for client to do it)
C. Attorney client is not being violated because as soon as the client tries to commit fraud he destroys the attorney client relationship. FYI TO SELF: iF YOU DEFEND A DRUG RUNNER OR DRUG DEALER AND THEY PAY YOU WITH THAT MONEY THE GOVERNMENT WILL COME TO GET IT FROM YOU |
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Term
| Rule 1.3 Due Diligence (do you have the time) |
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Definition
A lawyer shall act with reasonable diligence and promptness in representing a client
*look at how many cases you already have
*whether you have the time to provide both competent and diligent representation |
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Term
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Definition
| this turn only-allowed to practice in an area for a limited amount of time |
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Term
| Applicant's burden of proof |
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Definition
| Clear and convincing evidence meaning documentation!!! |
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Term
| current good moral character Defined |
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Definition
| the propensity on the part of the person to serve the public in the licensed area in a fair. open and honest manner |
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Term
| Good Moral Character (characteristics) |
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Definition
-ethical
-moral
-right and good
-honest
-trustworthy
-fair
-respect for the law and the rights of others
-civil and polite |
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Term
| Measure of Good Moral Character |
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Definition
Past behavior and conduct
personal reputation |
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