A Single Mom Who Works Two Jobs (roles of a laywer)
Fill in the blank: When a lawyer represents an organization, the lawyer owes the duty of loyalty to _____, NOT the ______.
What is organization/company and employees/constituents? [Rule 1.13(a)]
True or False: a writing is required to communicate a fee agreement, regardless of the type of fee agreement.
A lawyer who leaves government service and enters private practice must not represent a client client in a matter in which the lawyer participated personally and substantially while in government service, unless the agency gives this.
What is informed consent, confirmed in writing?
True or False: a lawyer may create an agreement that limits the scope of representation to help avoid questions of competency.
What is true?
True or False: a subordinate lawyer does not violate the RPC by acting in accordance with a supervisor's reasonable resolution of an arguable question of professional duty.
What is true? [Rule 5.2]
A reminder that lawyers must keep in mind when operating as a third-party neutral, and one of the parties is not represented by counsel.
What is clearly explaining that the lawyer does not represent either client/that attorney-client privilege does not apply?
This type of client does not need constant communication about fee arrangements, as they are charged the same basis or rate as in other matters.
What is a regularly represented client?
Fill in the blank: A lawyer is prohibited from representing one client whose interests are ______ _______ to those of another client, unless both give their informed consent, confirmed in writing.
What is directly adverse? [Rule 1.7(a)]
A lawyer may accept representation in a field they are inexperienced in, without a question of competence, if they take one of these steps.
What is reasonable preparation or association with an established lawyer? [Rule 1.1]
An applicant to the bar may be immediately disqualified for criminal conduct only if the crime in question involves this.
Other forms of advice a lawyer may give a client that is not legal advice, when it is relevant to the client's situation.
What is moral, economic, social, or political? [Rule 2.1]
These are the three ways that a lawyer-client relationship arises. (100 points per example).
What is (1) the lawyer agrees to provide legal services; (2) a person manifests an intent for the lawyer to represent him, the lawyer fails to make clear they do not want to represent him, and the lawyers knows or should know the client is reasonably relying on the lawyer; and (3) a tribunal appoints a lawyer to represent a client?
The only situations in which a lawyer is not prohibited from financially assisting a client in connection with pending or contemplated litigation. (100 points per example)
What is (1) advancing litigation expenses; (2) paying costs and expenses for indigent clients; and (3) providing modest gifts to indigent clients being represented pro bono? [Rule 1.8(e)]
The two jurisdictions that a lawyer may be disciplined for violation of the Rules of Professional Conduct. (100 points for each)
What is (1) the jurisdiction in which the lawyer is admitted to the bar, regardless of where the conduct occurred; and (2) the jurisdiction where the violation took place, regardless of where the lawyer is licensed?
True or False: A lawyer who suspects that another lawyer has violated the RPC in such a way that it raises a substantial question as that lawyer's honesty, trustworthiness, or fitness as a lawyer must report the violation to the appropriate professional authority.
What is false? [Rule 8.3]
The responsibility of a lawyer who appears in front of legislatures or administrative agency on behalf of a client.
What is disclose they are acting in a representative capacity? [Rule 3.9]
The action the lawyer must take if they have actual knowledge that their services will be used to commit or further a crime or fraud.
What is must withdraw or decline representation?
A lawyer may only acquire literary or media rights concerning a client's case if it takes place at this time relative to the case.
What is after the case is entirely completed (appeals and all)? [Rule 1.8]
True or False: A lawyer may make an agreement with a client that prospectively waives or limits the lawyer's liability for legal malpractice, as long as the lawyer merely suggests the client to retain independent counsel.
What is false? [Rule 1.8(h)]
The situations in which a lawyer may provide legal services in a state they are not licensed in on a temporary basis.
What is (1) association with a local lawyer; (2) special permission/pro hac vice status; and (3) mediation or arbitration arising out of practice in home state/temporary practice arising out of practice in home state? [Rule 5.5]
A prosecutor may not make extrajudicial statements if they have this form of impact.
What is a substantial likelihood of heightening public condemnation of the accused? [Rule 3.8(f)]
The reasons that a lawyer has a duty to reject certain cases. (100 points per reason)
What is (1) client's motive is harassment; (2) unsupportable factual or legal position; (3) lawyer is not competent; (4) strong personal feelings, and (5) impaired mental or physical condition?
When a concurrent conflict of interest is present, a lawyer may represent a client if these conditions are met. (100 points per condition, full points for all)
What is (1) the lawyer reasonably believes that he can competently and diligently represent each affected client, despite the conflict of interest; (2) the representation is not prohibited by law; (3) the representation does not involve asserting a claim by one client against another client represented by that lawyer in the same litigation (or other proceeding before a tribunal); and (4) each affected client gives informed consent, confirmed in writing? [Rule 1.7(b)]
The different forms of punishment a lawyer may face for being incompetent or neglectful legal representation.
What is professional discipline (i.e., sanctions); civil liability; or criminal liability?
A lawyer is subject to discipline when a nonlawyer violates a disciplinary rule if one of these two factors is true.
What is (1) the lawyer ordered the conduct or knew about it and ratified it; or (2) the lawyer has a direct supervisory responsibility over the nonlawyer and the lawyer knows about the misconduct when its consequences can be avoided or mitigated, but fails to take remedial action?