CLIENT-LAWYER RELATIONSHIP
CONFLICT OF INTEREST
COUNSELOR AND ADVOCATE
PROSECUTOR'S RESPONSIBILITIES
GUESS THE SANCTION!
100
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 jury trial, and whether to do this.
What is testify? Rule 4-1.2(a)
100
The potential for conflict of interest in representing multiple defendants in a criminal case is so grave that ordinarily a lawyer should do this.
What is decline to represent more than one co-defendant? Rule 4-1.7 Commentary
100
Although a lawyer shall not defend a proceeding unless there is a basis for doing so that is not frivolous, a lawyer for the defendant in a criminal proceeding may nevertheless defend the proceeding to require this to be established.
What is every element of the case? Rule 4-3.1
100
The prosecutor in a criminal case shall refrain from prosecuting a charge that the prosecutor knows is not supported by this.
What is probable cause? Rule 4-3.8(a)
100
Failure of an attorney to remain in or near the courtroom while the jury was debating its verdict in a criminal matter, and instead leaving the courtroom to keep a bowling date, without leaving a telephone number or address where the attorney might be reached, warranted this in 1979.
What is a public reprimand? The Florida Bar v. Welch, 369 So. 2d 343 (1979).
200
A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is this.
What is criminal or fraudulent? Rule 4-1.2(d)
200
In a criminal case, when a lawyer represents multiple defendants, a court generally is required to do this.
What is an inquiry? Rule 4-1.7 Commentary
200
A lawyer shall not knowingly fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting the client in doing this.
What is a criminal or fraudulent act? Rule 4-3.3(a)(2)
200
The prosecutor in a criminal case shall not seek to obtain from an unrepresented accused a waiver of important pre-trial rights such as this.
What is the right to a preliminary hearing? Rule 4-3.8(b)
200
Talking with a criminal client only one time for a period of 25 minutes before the trial date and thereafter failing to appear for the client, despite receipt of a $1,500 fee, warranted this in 1978.
What is a public reprimand? The Florida Bar v. Duval, 363 So. 2d 805 (1978).
300
A lawyer who receives from opposing counsel a proffered plea bargain in a criminal case must promptly do this.
What is inform the client of its substance? Rule 4-1.4 Commentary (unless the client has previously indicated that the proposal will be acceptable or unacceptable or has authorized the lawyer to accept or to reject the offer)
300
A lawyer who represents two or more clients in a criminal case shall not participate in making an aggregated agreement as to guilty or no contest pleas, unless this occurs.
What is each client gives informed consent? Rule 4-1.8(g) (in a writing signed by the client)
300
A lawyer who represents a client and who knows that a person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, this measure.
What is disclosure to the tribunal? Rule 4.3.3(b)
300
The prosecutor in a criminal case shall make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or does this.
What is mitigates the offense? Rule 4-3.8(c)
300
Failing to file a notice of appeal in a criminal case after telling the client of the intention to do so warranted this in 1969.
What is a public reprimand? The Florida Bar v. Dingle, 220 So. 2d 9 (1969).
400
A lawyer representing a defendant in a criminal case shall not enter into an arrangement for, charge, or collect this type of fee.
What is a contingent fee? Rule 4-1.5(f)(3)(B)
400
An attorney cannot participate in the prosecution of a person if the attorney previously did this.
WhWhat is defended the person in a criminal case? Rule 4-1.10; Popejoy v. State, 597 So. 2d 335 (Fla. 3d DCA 1992).
400
A lawyer must not present or threaten to present criminal charges solely to obtain an advantage in this.
What is a civil matter? Rule 4-3.4(g)
400
The prosecutor in a criminal case shall, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility because of this.
What is a protective order of the tribunal? Rule 4-3.8(c)
400
Failing to appear in court on behalf of a criminal client for hearings or sentencing warranted this in 1979.
What is a suspension? The Florida Bar v. Hollingsworth, 376 So. 2d 394 (1979).
500
A lawyer may reveal confidential information to the extent the lawyer reasonably believes necessary to establish a defense to this.
What is a criminal charge or civil claim against the lawyer? Rule 4-1.6(c)(3)
500
Where representation has commenced, if the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent, the lawyer shall do this.
What is withdraw from the representation? Rule 4-1.16(a)(4) (unless the client agrees to disclose and rectify the crime or fraud)
500
In the course of representing a client, a lawyer shall not knowingly fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting the client in doing this.
What is a criminal or fraudulent act? Rule 4-4.1(b)
500
Where an attorney participates in the prosecution of a person whom the attorney previously defended in a criminal case, this action may be appropriate.
What is disqualification of that entire state attorney's office? Rule 4-1.10; Popejoy v. State, 597 So. 2d 335 (Fla. 3d DCA 1992).
500
An attorney’s leaving the state while criminal charges are pending, abandoning his law practice, and leaving his clients unprotected, with no offer of relevant mitigating evidence, warranted this in 1992.
What is disbarment? The Florida Bar v. DeMarco, 601 So. 2d 1197 (1992).
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