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Business Transactions with a Client
Using Confidential Client Information
Accepting Unsolicited Gifts
Intimate Relationships Between Lawyers and Clients
Wild Card!
100
This Model Rule does not apply to standard commercial transactions between the lawyer and the client for products or services that the client generally markets to other.
What is Model Rule 1.8(a)?
100
This Model Rule governs the use of confidential client information to make private investments.
What is Model Rule 1.8(b)?
100
A lawyer will only be disciplined under the Model Rules for accepting a gift if this was involved.
What is preparation of an instrument or solicitation?
100
When the client is an organization, Rule 1.8(j) prohibits a lawyer from having a sexual relationship with this type of individual.
What is a constituent of the organization who supervises, directs or regularly consults with that lawyer concerning the organization’s legal matters?
100
This is the only prohibition on personal conduct in Model Rule 1.8 that does not apply to all lawyers associated in a firm with the personally prohibited lawyer.
What is Model Rule 1.8(j)?
200
While the Model Rules do not prohibit lawyers from taking all or part of their fee in the form of stock, this type of fee payment implicates these Model Rules.
What are Model Rules 1.5, 1.7(a)(2), and 1.8(a)?
200
This area of law is the source of the Model Code of Professional Responsibility rule prohibiting the personal use of confidential client information.
What is agency law?
200
This is the exception to the prohibition on soliciting or preparing instruments that give the lawyer a substantial gift.
What is a familial relationship?
200
This exception may allow Ms. Doe to avoid the prohibition on sexual relationships set forth in Model Rule 1.8(j).
What is a sexual relationship with Mr. Johnson that predated their client-lawyer relationship?
200
A fee taken in the form of stock is subject to this Model Rule’s reasonableness requirement.
What is Model Rule 1.5(a)?
300
Model Rule 1.8(a)(1) requires that the terms of any business transaction between a client and a lawyer be fully disclosed and transmitted in this form.
What is in writing?
300
Use of information relating to the representation of the client violates this.
What is the duty of loyalty?
300
Client gifts are treated as presumptively fraudulent under this doctrine.
What is undue influence?
300
Even if an attorney complies with Rule 1.8(j), an attorney who has a pre-existing sexual relationship with a potential client should consider this Model Rule should to determine whether their ability to represent the client will be materially limited by the relationship.
What is Model Rule 1.7(a)(2)?
300
According to Restatement § 126, these are not considered to be business transactions with the client.
What are ordinary client-lawyer fee agreements?
400
This Model Rule applies to lawyers engaged in the sale of goods or services related to the practice of law, for example, the sale of title insurance or investment services to existing clients of the lawyer's legal practice.
What is Model Rule 1.8(a)?
400
The remedy available under the Restatement Third, The Law Governing Lawyers, for a client whose lawyer uses confidential information for pecuniary gain.
What is disgorgement?
400
Law firms have been accused of seeking appointments to this role for the potentially lucrative fees.
What is executor or lawyer to the executor?
400
These are at least two of the primary concerns addressed by the ABA Formal Opinion 92-364 (July 6, 1992) about a consensual sexual relationship between lawyer and client.
What are: 1) potential abuse of the fiduciary relationship between the lawyer and a vulnerable client, 2) loss of emotional distance from the client required for good professional judgment, 3) potential conflict of interest between lawyer and client, and 4) confusion between which communications were made in a professional relationship and which were personal?
400
According to Restatement Third, a gift to a lawyer from a client remains subject to invalidation if the circumstances warrant under the law of fraud, duress, undue influence, or mistake even if this condition is satisfied.
What is review by outside counsel?
500
According to Restatement §126, these are not considered business transactions with the client.
What are ordinary fee agreements?
500
Model Rule 1.8(b) states that a lawyer "shall not use information relating to the representation of a client to the disadvantage of the client." The Model Code of Professional Responsibility states that a lawyer shall not "use a confidence or secret of his client for" this.
What is "the advantage of himself or a third person"?
500
Under the Restatment Third, The Law Governing Lawyers, a lawyer may prepare an instrument effecting a gift to the lawyer, so long as the gift is not this.
What is disproportionate to those given other donees in a similar situation?
500
Prior to the adoption of Model Rule 1.8(j), this ethical standard expressly prohibited sexual relationships between lawyers and clients.
What is a non-existent ethical standard?
500
A lawyer's appointment to executor of teh client's estate is subject to this Model Rule's general conflict of interest provision.
What is Model Rule 1.7?