Legal Ethics, Chapter 9 Advocacy Theresa M.Canon Ethics`, Chapter 10-Profesionalism Canon, Chapter 8, Chapter 7, Legal Ethics Final, Legal Ethics Final Ch: 4-8, Legal Ethics, PLA 3108 Ch.5-8
Ex post facto law
"After the fact". An ex post facto law is one that retroactively attempts to make an action a crime that was not a crime at the time it was done, or a law that attempts to reduce a person's rights based on a past act that was not subject to the law when it was done.
In most jurisdictions, a lawyer must not make a public statement if what?
"if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding."
Permissible Solicitations
1. Targeted/direct mail: truthful letter to person known to face a specific problem. (must say Advertising Material and if w/in 30 days must have "understanding your rights info." 2. Group and Prepaid Legal Services so long as the memberships or subscriptions for the plan are not solicited from persons who are known to need services. 3. Education: (seminars to educate the public no legal advice can be given). 4. No pecuniary gain (no fee) 5. Close friends and relatives 6. Present Client 7. Former Client 8. Other lawyers
Jurisdiction
1. The geographical area within which a court (or a public official) has the right and power to operate. 2. The persons about whom and the subject matters about which a court has the right and power to make decisions that are legally binding.
Legislation
1. The process of thinking about and passing or refusing to pass bills into law (statutes, ordinances, etc.). 2. statutes, ordinances, etc.
Grounds of Misconduct after Admittance
1. Violation or an attempt to violate any of the Rules, knowingly assisting or inducing another to do so, or to do so through the acts of another; 2. Commission of an illegal act that reflects adversely on the lawyer's honesty or trustworthiness; 3. Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation (note that such conduct need not be criminal in nature); 4. Engaging in conduct prejudicial to the administration of justice (note that such need not be criminal or dishonest in nature); 5. Stating or implying an ability to influence improperly a government agency or official; 6. Knowingly assisting a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; 7. Engaging, in a professional capacity, in conduct involving discrimination prohibited by law because of race, color, religion, age, gender, sexual orientation, national origin, marital status, or disability; or 8. Engaging in any other conduct that adversely reflects on the lawyer's fitness to practice law.
Exceptions to Attorney-Client Privilege
1. Waived by Client 2. Client seeks attorney's service to engage in or assist in future crime/fraud 3. Communication is relevant to issue of breach of attorney-client relationship. (when disclosing information is relevant to breach, will let client defend self, have to disclose privileged information.
Exceptions to Confidentiality Rule
1. Waived by Client 2. Required by law or court order 3. Informed Consent 4. Implied authority to disclose to further the representation 5. Client Fraud or Perjury - 2 prongs 6. To obtain legal or ethical advice for lawyer. Use of hypotheticals with colleague is ok if discrete to protect identity of client. 7. To prevent reasonably certain (used to be imminent) death or substantial bodily harm, (assumes in the future): permitted to reveal information to the extent necessary to prevent the harm which does not need to be the product of a crime. 8. To prevent substantial financial harm or fraud if the client is or has used the lawyer's services in the matter. Also true if the client has already acted and disclosure can prevent or mitigate the consequent financial harm.
Subordinate not responsible for his/her own acts if...
1. You were told to do it 2. And it is at least arguable that you thought what you did was okay (technical mistake)
Code
1. a collection of laws. 2. A complete, interrelated, and exclusive set of laws.
ABA Model Rule 1.8 (a) disallows business transactions with clients unless they are:
1. objectively fair to the client 2. client is given a clear written explanation of the terms 3. client has an opportunity to consult independent counsel concerning transaction and client consents in writing.
Define unmeritorious or frivolous claims, and give examples.
1.) Actions that serve only to harass or injure another maliciously 2.) claims or defenses that are unwarranted under existing law without the lawyer's having good faith argument to change the law. Ex: plaintiff who sues his competitor without proper grounds under the law for the purpose of driving him/her out of business.
Name 3-4 good practices a law firm should follow to help it avoid malpractice.
1.) Perform tasks diligently and carefully. Not waiting until the last minute. 2.) Choose clients wisely. 3.) Ask a lot of questions about any confusion. 4.) Keep on-going communication with clients and respect their decisions.
In what two bodies of law do we find the principle of confidentiality?
1.) The evidentiary rule of attorney-client privilege which includes the lawyer work product doctrine. 2.) The fiduciary duty of confidentiality established under the rules of legal ethics.
Which of the following is likely to violate the ethics rules on advertising ?
A lawyer sends a spam ad that goes to people all over the world
What is most likely to violate the ethics rules on advertising?
A lawyer sends a spam ad that goes to people all over the world.
Ch 4: The attorney- client privilege ?
A rule of the evidence of law
Citators
A set of books or a database that lists relevant legal events subsequent to a given case, statute, or other authority.
citators
A set of books or database that lists relevant legal events subsequent to a given case, statute, or other authority.
Court rules
A set of rules that govern the procedure of beginning a lawsuit and handling a case before a specific court.
What is an "integrated" bar association?
A state bar in which membership is compulsory.
ABA approval is of paralegal programs:
A voluntary form of recognition
trademark
A word, phrase symbol, or design, or combination of words, phrases, symbols, or designs ,that identifies the source of goodsor services of one party from those of another. Registered trademarks are identified by a tm or R O symbol. also referred to as a service mark.
Client Fraud or Perjury - 2 prongs
A) Client has committed fraud or perjury (past): NOT DISCLOSABLE B) Client is committing fraud or perjury: lawyer must seek to withdraw from the matter and if such effort is denied, OR if withdrawal DOES NOT RESOLVE PROBLEM, then lawyer must disclose the fraud to the judge. Exception: Lawyer has the duty to rectify FALSE TESTIMONY until the end of the proceedings, appeals and all.
The priciples of vicarious disqualitification are based one
The idea that everyone is a law firm has confidential information about all the clients and matters Guarding against confidential information being revealed Concerns about financial incentives
Concurrent Representation is what?
When a lawyer represents two clients who interests are currently adverse.
Simultaneous representation is
When a lawyer represents two clients whose interests are currently adverse
What kinds of information are normally not covered by the attorney-client privilege?
The identity of the client, the whereabouts of the client, and the fee arrangements between the lawyer and client.
If someone intercepts a cell phone call on which privledgeed informaiton is being discussed,
The information is protected
Confidentiality agreements between a law firm and paralegal employee:
The information is protected.
Diminished Mental Capacity Client Decisions
When client is under diminished mental capacity, or is a minor, client decisions do not shift to lawyer. Rather, you must have a guardian appoint But, the lawyer should both respect and involve the client as much as possible for input on decisions that impact the client's well-being.
living constitution
The written United States Constitution, including all amendments to it, is less than twenty pages in length. The living constitution would include those pages and all case law interpretations of the constitution .
Why can no witness be paid a bonus fee that is contingent on the outcome of the case? Model Rule?
This would provide an incentive for false testimony. Model Rule 3.4 (b) Comment 3.
As a result of Missouri v. Jenkins
Thousands of fee awards that include market-level compensation for paralegal time have been made in federal courts
As a result of Missouri v. Jenkins:
Thousands of fee awards that included market level compensation for paralegal time have been made in federal courts
As a result of Missouri v. Jenkins
Thousands of fee awards that included market-level compensation for paralegal time have been made in federal courts.
The general rule regarding successive representation is that a lawyer will be disqualified from successive representation only if the interests of the former and current client are truly adverse and if the past and current matters are substantially related. T or F?
True.
When the firm conducts a conflicts check and discoverers a potential conflict, what course of action should it take?
Try to get consent of the clients involved and establish a screen
What happened in Bates v. State Bar of Arizona?
Two lawyers challenged their discipline for advertising.
In Bates v. State Bar of Arizona...
Two layers challenged their discipline for adverising
Party Contribution to Election Campaign
When judge knows a party (or attorney or law firm) has contributed more than the jurisdiction's specified amount to his (her) election campaign committee within a designated number of prior years to the judge's election.
Judge's Public Statements
When judge or a candidate for judge makes a public statement other than court proceeding/opinion that commits or appears to commit the judge to a particular position or result.
Appearance of Impropriety
When judge's conduct creates a reasonable perception that the CJC has been violated or that otherwise reflects adversely on the judge's honesty, impartiality, temperament or fitness as a judge.
Aggregate Settlement of Claims
When representing two or more clients, lawyer shall not make an aggregate settlement of claims without informed consent in writing from each client after full review of entire settlement as to all parties which includes: A. Clients have come to an agreement among themselves about how the aggregate sum will be shared; B. Disclosure to each client of all the terms including: i. Total amount to be paid or received ii. Must disclose details of every other client's participation (here's who's getting what...want to be sure that everyone thinks is fair) iii. How the lawyer's fee and costs are getting paid. iv. and the existence and nature of all claims, defenses, and pleas involved in the settlement.
When it is ready to offer a paralegal a position
When should a law firm conduct a conflicts check?
Try to get consent of the clients involved and establish a screen.
When a firm conducts a conflicts check and discovers a potential conflict, what course of action should it take?
individual attorneys not law firms can be held responsible for violations
firms
requires lawyers to report the amount of time they devote each year to pro bono work
florida and maryland
ABA 3.4(d)
forbids making frivolous pretrial discovery requests and failing to comply with proper discovery requests
Fee-shifting statues generally
are enacting to promote public policy
when a civil or criminal lawsuit has been Brought without probable cause and with malice after the defendant prevails in the action
grounds for malicious prosecution exists
current issue in professionalism
harassment and discrimination
The most common method of billing is
hourly
malicious prosecution / abuse of process
improper use of a civil or criminal process
Status flags
in KeyCite, a red or yellow triangular flag located in the upper left hand corner of a primary source warns you of any negative history. A red flag appearing on a case means that the case is no longer good law for at least one of the points it contains. a yellow flag means that the case has some negative history, but it has not been reversed or overruled.
depth of treatment stars
in key cite, each case found as having cited the case being KeyCited is identified by one to four stars. These stars indicate how extensively the case being KeyCited is discussed by the cases that cite it.
a lawyer who brings an action based on inaccurate information supplied by a client, without conducting any investigations
in violation of ABA rule 3.1
annotation
is a paragraph summary of a relevant court opinion, attorney general opinion, or an administrative decision interpreting the preceding statutory section.
litigation guidelines specify conduct that
is courteous, hones and not designed to harass or unduly burden opponents
The practice of billing clients for paralegal time:
is endorsed by the ABA
The practive of billing clients for paralegal time
is endorsed by the ABA
elements of professionalism for paralegals
commitment to public service commitment to education commitment to the highest standards of ethical conduct commitment to excellence commitment to the paralegal profession commitment to a strong work ethic commitment to acting with integrity and honor commitment to balance as a person commitment to good judgement, common sense and communication
client relations
communication frequently advising mediation resolving matters expeditiously not overcharging
abuses of the discovery process
conducting excessive or unnecessary _______ to delay litigation , burden the opposing counsel , raise the cost to the opposition and wear down the opposing party
Most state have ethics rules on fees that
consider the number of factors in determining if a fee is excessive
Federal rule of civil procedure 11
contained provisions designed to make the application of sanctions uniform and fair
courts impose sanctions against lawyers who violate ethics rules and related court rules under
contempt power
litigation guidelines usually contain rules covering
continuances, extensions, service of process, communication with adversaries, discovery and motions
The landmark in the case of Missouri v. Jenkins, the u.s supreme court decided that attorney fee awards under a federal statute:
could include paralegal time at market rates
local court rules
court rules that govern procedure in a particular local court and supplement other court rules.
rules of appellate procedure
court rules that govern the conduct of cases before an appellate court.
rules of civil procedure
court rules that govern the conduct of civil cases at the trial level.
rules of criminal procedure
court rules that govern the conduct of criminal cases at the trial level.
rules of evidence
court rules that govern whether information may be considered by the fact finder.
perjury
criminal offense of making false statements under oath.
Restrictions on Right to Practice
General Rule: Can't do it! Exceptions: 1. Retirement 2. Settle a claim (dispute) Solo Practitioner has a special duty to plan for death or disability by designating another competent lawyer to review my files, notify clients, take protective action (so nothing goes wrong).
Solicitation-Direct Contact with Prospective Client
General ban on solicitation. Cannot seek employment by direct personal contract-in person, phone, electronic contact in real time). NEVER if made known desire to not be contacted.
Judge's Role with Business
Generally, a judge may not serve as an officer, director, manager, general partner, advisor, or employee of a business. But the judge may hold and manage her own investments and those of her family unless such activity will: 1. Interfere with official duties 2. Lead to frequent disqualification of the judge 3. Involve the judge in proceedings that will likely come before the judge.
Limiting Malpractice Liability
Generally, cannot limit liability prospectively UNLESS client has independent representation in making the agreement. (When client asks to take case and you say that you're incompetent but client is insistent, you can protect self).
Fiduciary Relationships
Generally, judge must not serve as an executor, administrator, trustee, guardian or other fiduciary—except for a family member—and then only where: 1. There is no interference with official duties 2. Proceedings would not ordinarily come before that judge (in judge's own court) or 3. Matter will not involve adversary proceedings in a court under that judge's appellate jurisdiction
What are 3 types of activities that are most commonly cited as constituting the practice of law (UPL)?
Giving Legal Advice; Representing a Client in Court and Drafting Legal Documents that Appear to Use Legal Terms; and Interpreting Law Without Proper Supervision.
Court rules
Govern the procedure of beginning a lawsuit and handling a case before a court.
Appendix H
Highlights some of the best Web resources offering free access to United States federal government information on the internet.
The most common method of billing clients is:
Hourly
What is typically prohibited by state ethics rules?
Claims about quality
Advanced fee goes into what account?
IOLA/escrow account
IOLTA
IOLTA (or similar) means: (Interest On Lawyer's Trust Accounts) Lawyer doesn't get the interest, doesn't go to clients. Money is swept out and given to Ohio Legal Assistance Foundation.
Non-Judicial Elected Office
If a judge wants to run for non-judicial elective office, if law requires, must resign from bench.....for appointed office, need not resign judgeship.
All of the above
If a law firm does not honor the rules on conflicts of interest, which of the following can happen?
In some states the privledge applies in the porporate setting to communications between the lawyer and the people who are responsible for menagements relating to the issue involved. This test is called the..
Control group test...
Lawyer Representing an Entity or Other Organization
Corporate representation - lawyer represents the corporation/entity, not an individual officer or director Revealing confidential information should only be done to extent necessary to protect corporation.
In the landmark case of Missouri v. Jenkins, the US Supreme Court decided that attorney fee awards under a federal statute:
Could include paralegal time at market rates
In the landmark case of Missouri v. Jenkins, the US Supreme Court decided that the attorney fee awards under the federal statute:
Could include paralegal time at the market rates
What were the traditional restrictions on lawyer advertising?
Could only use business cards, announcements of attorney personnel changes within a firm or of a new address, and Christmas cards to existing clients were permitted.
Which costs should be covered in the fee agreements?
Court filing fees, deposition transcripts, and telephone charges (all of the above)
In what kinds of cases are contingency fee prohibited?
Divorce and Criminal
In what kinds of cases are contingency fees prohibited?
Divorce and Criminal.
Documents/Fax by Mistake
Documents sent to lawyer by mistake - must promptly notify sender Errant fax problem. Something that comes to you that's not for you.
Lending Money
Don't do. Not even small amounts for any reason. But can advance filing fees.
Supervisor responsible for acts of subordinate if...
In general, a lawyer is subject to discipline for acts of misconduct committed by another if the lawyer 1. ORDERS the misconduct ("I need you to go bribe the jurors"). 2. RATIFIES the misconduct with knowledge of the specific conduct ("I bribed the jurors." "Good job!"); or 3. Knew of misconduct at a time when consequences could be avoided or mitigated and the lawyer fails to take reasonable remedial action.
Can be hired or retained if the proper screen is erected and is effective
In most states, paralegals that have a conflict
Limitations restricting who can practice law in the US were first adopted?
In the colonial period.
What is a common remedy for UPL?
Injunctive relief- court order to stop someone from engaging in certain conduct which is UPL in this case and is available in most jurisdictions.
The ethics rules about competence generally require lawyers to:
Keep clients reasonable informed about what is going on in their matters.
Record Keeping
Keep records for 7 years after termination of case. Includes fee agreement, record for each client on whose behalf funds were held, each bank account, and all statements, slips, and cancelled checks for each account. Perform monthly reconciliation.
The most common bases for malpractice claims relate to:
Lack of competence, fees, communication, and substance abuse
In PA, there are no circumstances under which it is permissible for clients to leave their attorneys substantial gifts in their wills. True or False?
False.
Under no circumstances is it permissible for an attorney to become involved in direct business transactions with clients. True or False?
False.
When and why did the paralegal profession begin?
Late 1960s, early 1970s. They needed paralegals to reduce the cost for clients who couldn't afford an attorney, to help those of low-and-middle incomes to afford a lawyer, and to help lessen the work load of attorney's and law offices.
The paralegal profession first came into being during which time period?
Late 1960s-early 1970s.
A typical malpractice scenario is:
Missing deadlines, not returning phone calls
Commingling is
Mixing clients funds with the lawyer's funds
Commingling is
Mixing of clients funds with the lawyers funds
Commingling is
Mixing of clients funds with the lawyers funds.
A trend in law practice is
More lawyers specializing in one or two areas of practice
About how many paralegal programs are approved by the ABA?
More than 275 approved today.
What is the Ethics Rules on fees?
Most states ethics rules prohibit lawyers from charging or collecting an unreasonable fee.
Which statement reflects on the status of the law on applying the attorney client priviledge to paralegals?
Most states have amended statutes on the privilege to be sure that they cover paralegals
Firm Name
Must be appropriate. Cannot infer relationships that don't exist. (using names that aren't firm members). If a partner's status changes (disbarred, appointed as ambassador) name must come off door--unless temporary. In Ohio, a private practitioner may not practice under a trade name. Dead founding partners.
Disqualification of Judge
Must disqualify self when 1. Impartiality might reasonably (and objectively...not based on party impulse) be questioned. 2. Has personal knowledge/bias of possibly disputed facts. 3. Had prior involvement as material witness, lawyer, associate of key lawyer in case, presided as judge in another court, served as government employee in a capacity concerning the proceeding. 4. Has economic interest (personally or as fiduciary) in the matter or one of the parties before her — except de minimus. In an emergency, necessity overrides the rule of disqualification.
Lawyer as Arbitrator, Mediator or Other Third Party Neutral
Must explain that there is no attorney-client relationship to an unrepresented party. They should know that lawyer doesn't have a A/C relationship with them. Have to let them know cannot do that. If litigation, must withdraw If mediation doesn't work, must withdraw.
External Influences
Must not influence or sway judicial decision making
Prosecutors and Other Government Lawyers
Must not prosecute without probable cause Assure the accused is advised of his right to counsel, knows how to get counsel, and is given a chance to get counsel. Must seek to remedy the conviction of a defendant in his/her jurisdiction if he/she knows of clear and convincing evidence that the defendant was innocent. Disclose new, credible and material evidence that creates a reasonable likelihood that a defendant was wrongly convicted. Prosecutors have duty to do job fairly!
Concurrent Conflict of Interest
Must not represent client if doing so would be: 1. Directly adverse to the interests of another current client; or 2. There is a significant risk that the representation of the client will be materially limited by the lawyer's personal interests or responsibilities to current client.
Mutual Fund Exception
Mutual Funds (unless judge participates in the management of the fund or the proceeding could substantially affect the value of the interest; securities held by an organization, bank deposits or mutual insurance policies...UNLESS the proceedings could impact the value of the deposit/policy.
What are the two national paralegal associations? What are their codes of ethics?
NALA- Code of Ethics and Professional Responsibility. NFPA- Model Code of Ethics and Professional Responsibility.
Ex-Parte Communication
NOT PERMITTED. Except: A. Expressly authorized by law (ex. Drug or mental health courts where judges assume a more interactive role with parties) B. Mediation or Settlement (with the consent of the parties). C. Emergency or deminimus (not okay with jurors, but with jurors) D. Inadvertent Receipt of Unauthorized Ex Parte Communication- Judge must 1.) notify parties and 2) give an opportunity to respond (how did this happen?).
"Metal impressions" include:
Legal Theories
Computer-assisted legal research
Legal research performed on a computer
What term is defined as "mandatory form of regulation in which a gov't agency grants permission to engage in an occupation and to use a title?"
Licensing.
prospective
Looking forward; concerning the future; likely or possible. A prospective law is one that applies to situations that arise after it is enacted. Most laws are prospective only.
Conflicts of interest are based on what a principle or principles of ethics
Loyalty and confidentiality
ABA RULE 4-8.
MAINTAINING THE INTEGRITY OF THE PROFESSION
Work Product Doctrine
Material prepared by a lawyer for or in anticipation of litigation is immune from discovery unless the other side shows a substantial need for the material and an inability to gather the material without undue hardship. A lawyer's mental impressions or opinions are always immune from discovery regardless of need, unless immunity is waived.
Referrals
May split fees with other lawyers outside of firm if: 1. Work together, 2. With client's written informed consent that discloses the share each lawyer will get, 3. Paid proportionally to work done (OR, some different proportion IF each lawyer assumes joint responsibility for the matter 4. One reasonable fee in total
The purpose of the work product rule
Mental impressions and information material
Imputation of Conflict onto Firm
No lawyers in firm can represent client where conflict exists with another client (former/concurrent) unless: 1. Prohibition is based on a personal interest of the prohibited lawyer and no significant risk of materially limiting the representation of the client by firm's remaining lawyers; or 2. Disqualified lawyer was properly screened, and gets no part of fee, and former client given notice.
Publication Rights
No percentage of publication rights based upon representation until case is over, appeals and all. After the fact, then can pay form royalties.
ABA Guidelines for the Utilization of Paralegal Services
Promote lawyer support for paralegal education
Prospective Clients
Prospective Client Conflicts Basic Rule: An expectation of Protection and a relationship will be seen as established if: 1. Client manifests intent that there is representation and lawyer agrees. 2. Lawyer knows or should know that the prospective client is relying on the understanding.
Paralegals looking for work should be prepared to do which of the following?
Provide a record of all the client matters they have worked on at the time of the job offer.
Paralegals loking for work should be prepared to do...?
Provide a record of all the clients matters the have worked on at the time of the job offer.
The decision in Missouri v. Jenkins was important because it
Provided an incentive for lawyers to use paralegal services
The decision in Missouri v. Jenkins was important because it what?
Provided an incentive for lawyers to use paralegal services.
PACER
Public Access to Court Electronic Records; a system that allows registered to obtain federal court case information, court dockets, and document images electronically using the internet.
advance session law services
Publications that contain the text of recently passed statutes and statutory amendments produced by commercial publishers to fill the gap between the passage of the statutes and the appearance of the government-published session laws.
Confidentiality
Privilege protects confidential communication; confidentiality covers the same AND any other information obtained by the attorney relating to representation, regardless of the source including that which may be embarrassing or derogatory to the client. Privilege is held by client and NOT by the attorney. Presence of Third Person: does not destroy confidentiality if the third person was present to help further the attorney-client relationship.
The program of Interest on Lawyers' Trust Accounts
Produces money to pay for legal services or client security funds
The program of Interest on Lawyers' Trust Accounts:
Produces money to pay for legal services or client security funds
The program of Interest on Lawyers' Trust account:
Produces money to pay for legal services or client security funds
Rules prohibiting solicitation by lawyers
Prohibit a paralegal from soliciting for the lawyer
The rules against solicitation by lawyers:
Prohibit a paralegal from soliciting for the lawyer
The rules about conflicts in successive representation:
Prohibit representation if the clients are truly adverse and the past and current matters are substantially related
The rules about conflicts in successive representation:
Prohibit representation if the clients are truly adverse and the past and current matters are substantially related.
Disclosure for Disqualification
Should disclose any information that parties or lawyers might consider relevant even if the judge does not believe there is a reasonable basis for disqualification.
Are as on the internet more like mail of phone call?
Solicitation of advertisements. Mail. You can choose to read it or not. Just advertisement. Free to advertise on the internet. Not directly asking from clients.
Prosecutors and Trial Publicity
Special constraint on Prosecutor: can't make extra judicial comments that have a substantial likelihood of heightening public condemnation of the accused.
Confidentiality agreement
An agreement that is designed to protect confidential information, trade secrets, and other secret data from being revealed during the discovery process in a lawsuit.
An in camera examination is
An examination of the documents in question by the judge without the public or jury
De Minimus Interest
An insignificant interest that raises no reasonable question regarding the judge's impartiality. Includes interests held by judge's spouse, domestic partner, parent or child (wherever the kid resides) or any other family member living in the judge's home
A few states have not followed the reasoning of Missouri v Jenkins as they interpret and apply state fee award statutes on the basis of which argument?
State legislatures should enact statutes that state specifically that fees should include compensation for paralegal time.
A lawyer can circumvent the ethics rules on referral fees by:
TICK QUESTION! the answer is None of the above
perceptions that are a factor/s in the reputation of the legal profession
lawyers charge too much
ABA model rule 6.1 and canon 2 ABA model code
lawyers have a duty to provide pro bono work
perceptions that are a factor/s in the reputation of the legal profession
lawyers manipulate the legal process to win
a lawyer that knows his client is about to commit perjury can allow him to testify
nah
remedies for destroying, altering, or suppressing evidence imposed by disciplinary bodies are supplemented by
obstruction of justice statutes at state and federal levels
person acting under color of law
one taking an action that looks official or appears to be backed by the law.
ABA rule 3.3 (a)(1)
prohibit a lawyer from making a false statement of law or fact
ABA rule 3.3 (a)(2)
prohibits lawyers from not disclosing adverse controlling authority
ABA rule 3.4
prohibits lawyers from obstructing access to evidence, altering or destroying, concealing and falsifying evidence or allowing others to falsify evidence.
ABA rule 3.3 (a)(3)
prohibits lawyers from offering false evidence
Federal rule of civil procedure 11
provides sanctions against lawyers, clients, or both for filing unwarranted or other objectionable pleadings and papers.
Civil procedure 37
provides sanctions for failure to cooperate in discovery
disruptive conduct
raising an objection to break an opposing counsels train of thought
burnout and stress
recognized factors in lawyer misconduct
If a lawyer includes a request for compensation at lawyers rates for work that he or she did that paralegal could have done, the court is most likely to :
reduce the fee for those tasks that would normally be paid to a paralegal
If a paralegal includes a request for compensation at lawyer rates for work that he or she did that a paralegal could have done, the court is most likely to:
reduce the fee for those tasks to the fee that would normally be paid to a paralegal
Appendix J
refer to Appendix J for a list of free web sites for obtaining legal and government information on foreign countries.
third-party information provider
refers to a company that compiles data received directly from the original source compiles it in a uniform, user-friendly, searchable database and sells the repackaged information to subscribers for a fee.
current issues in professionalism
regulation
Because of problems with billing abuses, some corporate clients now
request lawyer firms to make proposals for services
ABA rule 3.3 (a)(1) and (b)
require an attorney who later discovers that false evidence has been submitted to correct the fraud on the court
ABA 3.2
requires lawyers to make reasonable efforts to expedite litigation consistent with clients interests
administrative regulations
rules and regulations written by administrative agencies
instances where lawyers report misconduct are few but most state ethics rules have ______________
snitch rules requiring lawyers to report unethical conduct
plug-ins
software programs that extend the capabilities of a Web browser in a specific way, providing the abilty to play audio files or view video movies.
ABA rule 3.4(c)
states that disobeying a court order is an ethical breach and sanctionable, includes non compliance with a discovery order issued by a court
session laws
statutes printed in the order that they were passed in each session of legislature.
In corporate setting, which of the following us the holder of the privilege?
the corporation itself
current issue in professionalism
the definition of paralegal
The lack of esteem and the poor public image that plages the legal profession can be traced back to
the dishonest and manipulative conduct of White House lawyers during the Watergate scandal
what adds to the perception of lawyers as overpaid and greedy
the high legal fees generated in major litigation and high incomes earned by some lawyers
current issue in professionalism
the paralegal field is a female dominated occupation that serves a male dominated profession
What should be included in a fee petition to the court?
the paralegals credentials and experience, detailed descriptions of the work preformed, firm and market rates and practices
contributors to burnout
the pressures of billable hours the competitive environment of the legal world the lack of loyalty among clients and law firms the constant work of meeting other peoples needs the felling of not having control
current issue in professionalism
the use of titles "paralegal" and "legal assistant"
current issue in professionalism
the utilization of paralegal services
what is a paralegals goal
to assist in the delivery of legal services to the public, services that are ethical, competent and efficient
abuse of process action exists
when the legal process is used to achieve other than legitimate legal purposes, such as filing a criminal complaint to force the defendant to pay a debt
current issue in professionalism
whether paralegals are exempt or non exempt employees
Key terms
words central to a legal research problem that can be used by the legal researcher to begin researching in print indexes or to formulate a query in computer-assisted legal research.
some courts allow a lawyer to permit a client who is committing perjury to testify in a narrative without the attorneys help
yea
When should law firm conduct a conflicts check?
when it is ready for to offer a a paralegal a position
"Skills" needed to work competently usually refer to:
A & B a. What lawyers and paralegals learn in substantive law courses b. The execution of tasks in the handling of a client matter
In what kinds of cases are contingency fees prohibited
A & B divorce and criminal
While partnerships between lawyers and nonlawyers for the practice of law are generally prohibited:
The District of Columbia allows some professionals to be partners in law firms.
Exceptions against solicitation are provided for:
Former clients, Relatives, and other lawyers.
Dissolution of Firm
Former partners must promptly account for all client funds and arrange for one of them to maintain all records
The practice of law WITHOUT a license violates what?
It violates state law in most jurisdictions.
Lawyers are prohibited from giving advice to an unrepresented person if there is a possibility that this 3rd person's interest may conflict with the clients, but they can do what?
Lawyers may advise this person to secure counsel.
B. interests of shareholders and board members sometimes diverge C. Lawyers then have dual sets of obligations to the corporation B&C
Lawyers often refrain from serving on the board of corporations that they represent because:
Lawyers representing family
Lawyers related as parent, child, sibling, or spouse shall not represent adverse parties, unless full informed consent; but no rule of imputation.
The usual sanctions that disciplinary authorities may impose on lawyers for misconduct are: (in order of least serious to most serious)
Private and public reprimand, suspension (with or without probation), and disbarment
Competence of Judge
Requires legal knowledge, skill, thoroughness and preparation. Must: 1. Promptly dispose of court business 2. Devote adequate time to duties 3. Be punctual in attending court
Informed consent
Requires the lawyer to disclose facts about conflicts, to explain advantages and dsadvantages, requires the lawyers to pose alternatives
Which of the following is a concurrent conflict that often prohibits the lawyer fro representing both parties?
(all of the above) Representing spouses in a dissulition of marriage, passenger and driver in a car accident, two criminal defendants in one case.
Which of the following is a concurrent conflict?
(All of the above) The lawyer served as the meditator in the case before it went to litigation the Lawyers is representing the buyer and seller of real estate The lawyer represents a bankrupt company and one of is creditors.
What are the requirements for a court to honor client's consent for concurrent representation?
-Extent of disclosure -Whether it was voluntary -Client's understanding -When attorney raised issue -If its written and signed
What is a contingency fee?
-Fee that depends on the successful outcome of a case and is based on a percentage of the recovery.
The U.S Supreme Court has decided several cases on lawyer advertising. What are some rules that have come out of those cases?
-Lawyers can state the jurisdictions in which they are licenced to practice, - they can only advertise areas of law they practice in if they are certified in those areas, -they are prohibited from sending ads to victims within 30 days of an accident. -direct mail advertising is okay.
Malicious prosecution is:
Civil lawsuit against a lawyer for bringing a case without probable cause.
Miscellaneous Duties
-No independent investigation of facts...consider only evidence presented. -No public or nonpublic comments from judges that may affect case outcome or otherwise interfere with a fair trial. -Regarding cases or issues likely to come before the court, judge must not make pledges, promises, or commitments inconsistent with the impartial performance of duties. -Judge must not criticize jurors for their verdict. -Administrative appointments (ex. Court personnel, special masters, guardians) must be made impartially and based on merit, not on the basis of nepotism/favoritism
Types of Advertisement Information
-information concerning the name of the lawyer of her firm -lawyer's or firm's address and telephone number -types of services the lawyer will undertake -the basis on which fees are determined -lawyer's foreign language ability -name of references
Exercising Diligence and Due Care
A lawyer must 1. Reasonably consult with client about the means by which the client's objectives are to be accomplished 2. Keep client reasonably informed about status of/developments in the case 3. Promptly comply with reasonable requests for information 4. Explain matters to client to extent reasonably necessary to permit client to make informed decisions regarding representation. 5. Communicate all settlement offers not specifically addressed in blanket authority from client.
Unbundling legal services means:
Agreeing that the client will do some work on his/her own.
Fairness to Opposing Counsel
Civility and Courtesy are aspirational.
Trial Publicity
1. Lawyer connected with case must not make a public statement outside courtroom that the lawyer reasonably should know would have a substantial likelihood of materially prejudicing the case. 2. Lawyer can speak publicly what a reasonable lawyer would believe is required to protect client from substantial undue prejudicial effect of recent publicity not initiated by the lawyer or client. (If prosecution started it, defendant can respond to it). Lawyers MAY state "dry facts" about the case (shouldn't be getting people stirred up about the case and what's going on. Don't say anything but dry facts).
Communication with Represented Persons (other parties)
1. Must go through the client's lawyer. 2. Parties may communicate directly with each other and lawyers may inform them of this fact. (Parties can talk to one another).
Lawyers are permitted to get clients to sign which of the following kinds of agreements?
Agreements to pay a monthly retainer fee.
What jurisdiction was the first to adopt a code of ethics for lawyers?
Alabama.
Improper Candidacy Activities while Running for Office
1. Must not hold office or make speeches on behalf of a political organization 2. Must not use court staff, facilities or court resources in a campaign 3. Must take reasonable steps to ensure others (including family members) do not do what the judge/candidate cannot do
Implied Authority to Break Confidentiality
1. Necessary to carry out representation 2. Within a firm Lawyers in a firm may, in the course of the firm's practice, disclose to each other information relating to a client of the firm, unless the client has instructed that particular information be confined to specified lawyers.
Termination of Attorney/Client Relationship-General
1. Need Court permission when matter is in litigation and must return client's property, including the case file and unused portion of retainer. 2. Judge's decision is often affected by the particular state of the matter when the withdrawal is sought. 3. Client has the power to fire the attorney (but attorney can't fire clients)
Respecting Rights of Witnesses
1. No contingent fees for experts 2. Can pay reasonable expenses and lost wages, but can't condition payment on testimony 3. No need to obtain permission of other side to interview a witness Except: Corporate employees of managerial responsibility or whose acts could be imputed to corporation requires consent of organization's in-house counsel 4. Can advise witnesses they don't have to voluntarily testify if: a) Person is related to or is an agent of the party that lawyer represents, and b) The person will not be harmed by not volunteering
Current Client Conflicts: Lawyer's Personal Interest or Duties
1. No loans to clients in connection with pending or contemplated litigation; no de minimus exceptions Exception: Advancing costs of litigation (most cannot afford suits) 2. Rule of imputation - what one lawyer can't take, the firm (partners, associates, and "of counsel") can't take (except the lawyer as witness (see below) and where conflict is uniquely personal to the lawyer (sexual relations) -Sexual relationships with clients that are not pre-existing to the representation are subject to discipline; consent or harm irrelevant; no rule of imputation, but screening required. 3. Acquiring an Interest in Litigation (Lawyer can't acquire an interest in the case) Exceptions: a. Contingency Fees b. Security lien (recognizes lawyers interest in their work product)
What is a fixed fee?
(Flat fee) - Fee for legal services based on a set amount -Used for routine legal services
Which of the following is a basis for allowing a lawyer to disclose confidential information under the ethics rules
(all of the above) Clients consent, to prevent commision of a crime, to collect a fee
3 Types of Discipline
1. Public or Private Admonishment 2. Suspension 3. Disbarment
Disclosures Expressly or Impliedly Authorized by Client
(what a client authorizes with informed consent to disclose) 1. Express authorization requires informed consent: client agrees to proposed course of conduct after lawyer sufficiently explains material risks and reasonable alternatives. 2. Implied authorization to carry out representation (except screened member) (When client tells you something, client understands up front. Essentially talking about somebody that has a conflict but is screened out. Beyond that, need express information and get client's informed consent).
The organized bar has attempted to address the poor public image of the legal profession, how?
- Reforming the lack of disciplinary systems. -Bar-sponsored programs have been found in every states -Court rules and statutes limit discovery and provide for severe sanctions against lawyers for abuse -Encouraging pro bono work and charities.
Relationship of the Dual Profession Lawyer with Non-Lawyers
- Soliciting legal business: can't use dual profession to solicit - Attorney/client privilege: Does not apply in dual profession. Don't get special real estate broker confidentiality.
Lawyers Duties
-Accepting Appointments: must do so unless good cause -Serving in Legal Services Organizations (Can solicit when work for non-profit, knock out who's being discriminated against). -Don't criticize judges -Cannot give money to candidate in hopes that will get kickbacks when elected. -No improper influence of judges; no gifts
What else should a clients consent for concurrent representation include?
-Consideration for consent -Procedures to screen to protect confidentiality -Procedures to follow if client withdraws consent.
Is it ethical? Expain Ad: "Fast divorces. Guaranteed. Certified Family Law Specialist. Fee 500$ for default divorce." Then lists lawyers name, address, website, and phone number.
.......
Essay: nae and discuss five factors that a court will examine in deciding if a client consent to a conflict will be upheld?
.....ANSWER
Procedure if client insists on lying under oath on stand
1) Attempt to dissuade client 2) Request permission to withdraw 3) Do as instructed (Do whatever judge tells you to do but just don't ask questions if know what client will say. Don't bring back up testimony. Let them perjure.) 4) Give client reasonable notice to get a new lawyer
Elements of "Screen"
1) Written disclosure to the other side (this lawyer works for us now) 2) No working on or discussing case or access to file by "screened-off" attorney (cannot have access to the case) 3) No fee to "screened-off" attorney (Don't want lawyer that can pretend not involved, should be no incentive to and get involved).
Constitution
1. A document that sets out the basic principles and most general laws of a country, state or organization. 2. The U.S. Constitution is the basic law of the country on which most other laws are based and to which all other laws must yield.
Retainer-2 Types
1. Advance on Fees: (don't bill me every hour - put into account as earned) (belongs) to client (goes into trust account) and any unearned portion must be returned if lawyer is fired or withdraws 2. Availability retainer (belongs) to attorney (goes into lawyer's account) (Being paid to be on retainer means cannot sign with anyone else and that lawyer will represent if ever get indicted)
Past Crimes
1. Are considered secrets 2. Death of client does not end obligations (lawyer goes to grave with information).
4 Ways to Temporarily Practice in Another State
1. Associate with an active local lawyer 2. Pro Hac Vice-special permission from the state 3. Clients involved in multi-state business 4. Anything reasonably related to a lawyer's home-state practice
Candor to the Tribunal
1. Can't bury adverse decision (Must bring up adverse case that goes against what saying). 2. No explanation is required to be given to court 3. Can distinguish away 4. Can offer a good faith argument to change the law
Communication with Unrepresented Person
1. Can't give legal advice 2. Cannot appear disinterested when you are in fact an advocate/adversary 3. Can negotiate a transaction or settle client's dispute with un-represented person
Advertisements Requirements
1. Cannot be false or misleading 2. Must include name and address of at least one lawyer or law firm responsible for its content. 3. Cannot give anything of value to person who recommended their service. ALSO: Cannot have unsubstantiated comparisons (in the ad) unless factually verifiable(I'm as good as Jerry Spence, or better) bad ad Cannot imply results by improper means (in the ad)-->(I was a clerk for Justice Ginsburg, she owes me one).
Confidentiality expectation exists if
1. Client manifests intent that lawyer represents him and lawyer agrees. 2. Client manifests intent and lawyer fails to make clear that there is no representative and the lawyer knows/should know that the client is reasonably relying on the representative.
Ohio Requirements to Practice
1. Education - degree from accredited school 2. Knowledge - pass bar exam 3. Character - pass C&F evaluation
Regarding Political Support or Affiliation
1. Judge cannot appear in a joint campaign advertisement with a candidate for non-judicial office. 2. Expend funds in a judicial campaign that have been contributed to the judicial candidate to promote her candidacy for a non-judicial office; or 3. After the day of the primary election, identify herself in advertising as a member of or affiliated with a political party.
Requirements of Competency
1. Knowledge and skill 2. Competency through preparation or association (requires controlled workload, seeing case through to completion, reasonable promptness, dedication to client's interests) 3. Maintaining competence (if lacking, must withdraw, update knowledge, or associate with out counsel)
Client-Lawyer Contracts
1. Lawyer can limit representation 2. Basic rules of contract construction apply (needs to be writing in the contract, if ambiguity, construed against the drafter).
Paralegals in firms with guidlines or goals on annual billing are expected to bill about how many house a year?
2000
CLE Requirements-Ohio
24 Hours (60 minute hours in Ohio, not 50 like other states) for ever 2 year reporting period. Includes the required 2 hours of PR and 30 minutes of substance abuse prevention in Ohio requirements.
The typical contingency fee is
33%
Judge Encourages Pro-Bono
4. Judges may encourage lawyers to provide, pro-bono services (cannot require).
The number of paralegal education programs in the country is estimated as what?
500-1000
Which of the following is a proper role for the paralegal in the matter of a client's fee?
A & B A. The paralegal can quote typical fees B. The paralegal can prepare the fee arrangement
In what kinds of cases are contingency fees prohibited?
A and B; Divorce and criminal
Which of the following is a proper role for the paralegal in the matter of a client's fee?
A and B; the paralegal can quote typical fees and can prepare the fee agreement
docket
A case docket is maintained by the court clerk for every case filed and lists all the document filing activities associated with the case, along with a summary of the case, the parties, counsel, and the judge assigned to the case.
intellectual property
A category of intangible rights protecting commercially valuable products of the human intellect, including trademark, copyright, and patent rights.
Malpractice
A charge of malpractice does not necessarily mean a rule has been violated, so there won't necessarily be discipline imposed.
A third-party claim is
A claim by a non-client against a lawyer who, in representing a client, may have harmed the third person
United States statutes at large
A collection of all statutes passed by the United States Congress, printed in full and in the order of their passage.
database
A collection of information organized in such a way that a computer program can quickly select desired pieces of data; a type of electronic filing system. Traditional databases are organized by fields, records, and files. A field is a single piece of information, a record is one set of fields, and a file is a collection of records.
definitional section
A common provision of a legislative act that defines terms used in the act.
What 3 things deny the client competent representation?
A failure to conduct a proper interview and identify key facts; A failure to perform necessary research; and poor legal writing.
federal register
A federal government source published each business day that contains federal administrative regulations arranged chronologically.
copyright
A form of government protection provided by the laws of the United States to the authors of "original works of authorship", including literary, dramatic, musical, artisitc, and certain other intellectual works.
copyright
A form of government protection provided by the laws of the United States to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. this protection os available for both published and unpublished works. copyrighted works are identified by c O symbol.
alerts
A function of many internet search engines and subscription databases allowing users to specify terms and phrases pertaining to a topic, or tag a case, statute or other document they would like to be notified of when new activity is available.
Duties of Judicial Candidate
A judicial candidate must act with dignity, impartiality, integrity and independence expected of a judge.
The lawyer's testimony is deemed necessary
A lawyer cannot take a case where he/she is likely to a witness if:
Duty to Report Peer Misconduct
A lawyer generally must report misconduct by another lawyer to the appropriate professional authority when know of misconduct. 2 Pronged Duty: 1. Report what you know; (unless it is protected as a confidence) 2. Be available to testify (no anonymous reporting) EXAM NOTE: The ABA requires lawyers to report the misconduct of other lawyers that raise a substantial question about a lawyer's fitness to practice law. Ohio lawyers are subject to a broader duty of reporting since they must report "a question" concerning fitness to practice.
Lawyer appearing in nonadjudicative proceeding (state legislators-part-time)
A lawyer may serve as a state legislator or hold other public office when permitted by law. The lawyer may not use her public office to attempt to influence a tribunal in a pending matter. A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration, notwithstanding that the reform may affect the interests of a client of the lawyer.
What is the preferred way of addressing paralegals rates in a fee petition?
A range of rates for paralegals depending on experience and task
What is the preferred way of addressing paralegal rates in a fee petition?
A range of rates for paralegals depending on experience and the task
What is the preferred way of addressing paralegal rates in a fee petition?
A range of rates for paralegals depending on experience and the task.
Former Client Conflict of Interest
A lawyer who formerly represented a client in a matter may not thereafter represent another client int he same or substantially same related matter if that client's interest are materially adverse to the interests of the former client, unless the former client given informed, written consent.
Duties of Direct Supervisors
A lawyer with direct supervisory authority over another lawyer or non-lawyer employee must make reasonable efforts to ensure that the supervised person's conduct conforms to the Rules. A layperson assisting a lawyer by preparing legal papers without proper supervision may be engaging in the unauthorized practice of law. Similarly, a lawyer who fails to properly supervise his employees may be violating the Rules' prohibition against aiding a non-lawyer in the unauthorized practice of law. EXAM NOTE: Supervisory obligations are frequently tested. Questions may involve non-lawyers who are not properly instructed on the need to maintain confidential communications.
short title
A legislative act often is identified by a name given it by the legislature and for easy reference is often referred to by that name. This is the "short title" or "popular name" of the act.
Unicameral
A legislature with a single-house system
ordinances
A local or city law, rule, or regulation.
ordinance
A local or city law, rule, or regulation; an authoritative law or decree. Municpal governments can pass ordinances on matters that the state government allows to be regulated at the local level.
United states code annotated
A multivolume commercial publication containing annotated codes for federal statutes, the united states constitution, court rules, and other materials to aid the legal researcher.
A retainer is
A nonrefundable fee paid to guarantee the lawyer is available
What can a paralegal do if he-she is assigned a task that is beyond his/her knowledge and skill level?
A paralegal can ask questions, and ask for more assistance from the attorney, or talk to other paralegals regarding the subject so they can perform competently.
What should a paralegal do if the lawyer he/she works for is not a good delegator or supervisor and does not review work appropriately?
A paralegal should approach them about the matter and ask for more assistance/supervision, or talk to the other people in the firm about the lawyer's lack of diligence.
Index to legal periodicals
A print index used to locate periodicals and law reviews by either subject or author.
Contingent Fee Arrangments
A. Must not use in criminal case (no incentive fee). B. Must not use in domestic relations case 1) "Past due" support payments are debt and therefore okay C. Contingencies Fee must be explained - in writing(s) and must notify the client of any expenses for which they are liable, whether or not the client wins the case. 1) Before you take the case (explain arrangement up front) 2) After the case is concluded (settlement letter) - here's what we've settled for
What is most likely to be found unethical as UPL?
A. Paralegal carrying business cards with his/her title and firm name. B. Paralegal signing a cover letter enclosing legal documents C. A paralegal signing a letter that contains legal advice.- ANSWER D. A paralegal having his/her name on the firm letterhead.
If Incompetent/lacking legal expertise-Exceptions
A.L.E. 1. Association - will associate self with someone that does 2. Learn - willing to learn but need more time 3. Emergency - lawyer can do what needs to do to handle situation
What is Ex parte communications and why is it prohibited? What Model Rules?
Action taken by or on behalf of a party without the presence of the opposing party. This communication with jurors and prospective jurors, before and during trial, are prohibited to prevent influence and bribery. Model Rule 3.5 (a) and (b)
What are lawyers supposed to be like in their representation of clients? What Model Rules are these?
All ethics rules call for lawyers to be honest. Model Rules 3.3 (a.) and 3.4 (a) and (b)
An example of a third-party claim is
All of the above
Because of problems with billing abuses, some corporate clients now:
All of the above
In what ways does law school education differ from paralegal education
All of the above
Informed consent
All of the above
Professional negligence by a lawyer
All of the above
Professional negligence by a lawyer:
All of the above
The following restrictions are placed on legal fees by ethics rules:
All of the above
The rules prohibiting fee-splitting are based on which following ethical principles
All of the above
Which of the following costs should be covered in the fee arrangement
All of the above
Which of the following should be included in a fee petition to the court?
All of the above
Which of the following should be on a law firm website?
All of the above
The privilege can be lostin which of the following circumstancess?
All of the above: client has friend i the room while talking to lawyer on the phone, the client tells a friend infromation that is protected and a lawyer revealing the information to several people
In which of the following circumstances can an attorney reveal what would otherwise be protected by the privilege?
All of the above: clients sure the lawyer for malpractice, lawyer is prosecuted for a crime related to the representation, the lawyer is charged with ethics violations related to the representation
In what ways does law school education differ from paralegal education?
All of the above; Law school usually takes longer than paralegal school, Law school emphasizes substantive law while paralegal school emphasizes practical skills, Law school culminates with the bar exam while paralegals are not required to pass an exam to practice
Third party payments of legal fees is allowed in which of the following kinds of agreements?
All of the above; Parents paying for a childs legal fee's, Public defender's office paying for salary of a public defender, Anytime unless third party interferes with the representation
The rules prohibiting fee splitting are based on which of the following ethical principles?
All of the above; UPL, Solicitation, and interference with independent professional judgement.
Which of the following costs should be covered in the fee agreement?
All of the above; court filing fees, deposition transcripts, telephone charges
Which of the following is a reason that a fee petition will be reduced by a court?
All of the above; petition covered clerical and secretarial tasks, petition asked for a rate that is above the market rate, the lawyer and paralegal included compensation for the same task
Which of the following should be included in a fee petition to the court?
All of the above; the paralegals credentials and experienced, detailed descriptions of work performed, firm and market rates and practices
An example of a third-party claim is
All of the above; the purchaser of securities for which the securities statement obtained false information that inflated stock price, the bank who relied on a lawyer's opinion latter about the viability of a company to lend money, All intended beneficiary who is inadvertently left out of real estate plan
The rule son screens and conflict situations
Allow the firm to continue representation on the two clients
Issue or positional conflicts
Are and Erthic vilation is one lient would materially be impaired
Fee shifting statutes
Are enacting to promote a public policy
Rules prohibiting solicitation:
Are essentially the same as they have been for 30 years
Firm's Name and Letterhead
Artificial names are okay if not misleading Temporarily bad or good lawyer's name stays; permanently bad or good lawyer's name leaves; Dead people can stay in name (ambassadorship considered permanent).
Which of the following statements about lawyers and substance abuse is true?
As many as 20% of lawyers have alcohol/substance abuse problems
Which title is most likley to be NOT acceptable for a paralegal?
Associate.
Third Party Compensation and Influence
Attorney can be paid by a third person, but requires (1) written informed consent by the client and (2) confidences must be kept
Mandatory Withdrawal
Attorney must withdraw from representation if: 1. Duty to reject 2. Client fraud and refusal to rectify (lying on the stand, but won't fix, need to let go) 3. Client "insists" on violation of law or ethical rule (insists that attorney do something illegal). 4. Client has begun an illegal course of action
Lawyers often refrain from serving on the board of corporations that they represent because:
B and C, the interests of shareholders and board memebers sometimes diverge and Lawyers then have dual sets of obligations to the corporporation.
ABA model rules require that fee agreements
Be in writing and signed only for contingency fees.
Inherant Power of Courts to Regulate Lawyers
Because the practice of law directly affects the administration of justice, courts have the inherent power to regulate the legal profession. State courts - regulate all matters within jurisdiction Federal courts - each federal court has its own bar and lawyers must be admitted to such before can practice in a specific fed court
Paralegals who work for coropate law departments have to be concerned about what potential issue regarding the privilege ?
Being found to work autonomously with the consequence tha the privilege does not apply
ABA RULE 4-8.1
BAR ADMISSION AND DISCIPLINARY MATTERS
As a result of changes in the ethics rules,
Bars can adopt reasonable time , place, an matter restrictions on ads.
What is an Hourly fee?
Based on hourly rates and amount of time actually expended. Most common method of billing in matters other than plaintiff civil litigation.
ABA model rules require that fee arrangements:
Be in writing and signed only for contingency fees
How have states and federal courts addressed discovery abuse?
By adopting statutes and court rules to streamline discovery, to expedite the pretrial stage, and to discourage excessive and unnecessarily lengthy discovery.
What term is defined as "a form of recognition of an occupation, usually undertaken voluntarily and based on a person's having met specific qualifications?"
Certification.
ABA 1.3
Calls on lawyers to exercise reasonable diligence and promptnes, it goes on to describe this duty as zeal in advocacy
The rules prohibitin lawyers from engaging in business transations with clients:
Can be consented by the client only if fair and reasonable to the client
The rules prohibiting lawyers from engaging in business transactions with clients:
Can be consented by the client only if fair and reasonable to the client.
Permissive Withdrawal
Can be for any reason where's there's no material harm to client, or if client consents, or Where one of these conditions is met: a) client persists in criminal or fraudulent conduct b) client has used attorney's services to commit past crime or fraud c) client's objective is repugnant or imprudent d) client breaks promise to lawyer to pay the fee e) unreasonable financial hardship for attorney's practice f) client will not cooperate BUT! cannot abandon client. Must take the proper steps to avoid material adverse effect on client.
In most states, paralegals that have a conflict:
Can be hired of retained if a proper screen is erected and is effective
Judges role in settlements
Can encourage, but not coerce to settle.
Suit between former client and current client
Can represent a new client against an old one, but not... 1. When the new one wants to sue the old one involving a matter in which you represented the old one; OR 2. When during the representation of the old one, learned confidential information that is now relevant to the action by the new one. (but fine if that confidential information is no longer confidential--or client consents.
Concurrent Client Conflict
Can represent more than one client in same matter as long. 1. Reasonable belief of no adverse effect 2. Client gives written informed consent.
Valid Candidacy Activities while Running for Office
Can speak at gatherings, but must not, with respect to cases controversies or issues that are likely to come before the court, make pledge, promise, or commitment that are inconsistent with impartial performance of duties.
Conflict of Interest-Consent Steps
Can take a case when conflict exists if ALL clients give their informed consent and a reasonably prudent lawyer would take the case. STEPS: 1. Client must agree 2. Lawyer explains material risks and reasonable alternatives 3. Client(s) agree in writing Then decide if reasonably prudent lawyer would take case.
Fundraisers
Candidates can organize a fundraiser —but does so by establishing a campaign committee; does not go out personally to get money—and can do so for a specified period before and a specified number of days after the election. Must meet all reporting requirements.
Judge must not abuse judicial prestigage
Cannot use judicial letterhead for personal business CAN write a letter of recommendation based on personal knowledge on official letterhead if (1) says reference is personal (2) there is no likelihood that the letter could reasonably be perceived as an attempt to use judicial office to exert pressure.
Which of the following best describes the general rules about client funds?
Client funds should be deposited into the client trust account and the disbursed to the client and other who are entitles to a portion of the money
Which of the following best describes the general rules about client funds?
Client funds should be deposited into the client trust account and then disbursed to the client and others who are entitled to a portion of the money
Which of the following best describes the general rules about client funds?
Client funds should be deposited into the client trust account and then dispersed to the client and others who are entitled to a portion of the money.
None of the above
Clients can consent to simulataneous representation:
Which of the following kinds of material and information is covered by the privilege?
Communications made in the course of the law-client relationship
A few states have not followed the reasoning of Missouri v. Jenkins as they interpret and apply state fee award statutes on the basis of which argument?
Compensation should be for cost, not market rates
Competence
Competence is a 2-pronged duty: Professional Responsibility and Malpractice; committing malpractice does not automatically mean a disciplinary rule has been violated, and visa-versa. Must show that but for what I did, you would not have won. Burden in on the client).
What is the general rule about simultaneously representing two clients whose interests are adverse.
Concurrent or simultaneous representation is permitted if: 1. The lawyer can adequately represent the interests of each client. 2. Each client consents after full disclosure or informed written consent.
What is another name for a screen?
Cone of silence, Chinese wall, ethical wall
Loyalty and confidentiality
Conflicts of interest are based on what principle of ethics?
Most states have ethics rules on fees that:
Consider a number of factors in determining if a fee is excessive
Contingency Fee Requirements
Contingencies Fee must be explained - in writing(s) and must notify the client of any expenses for which they are liable, whether or not the client wins the case. 1) Before you take the case (explain arrangement up front) 2) After the case is concluded (settlement letter) - here's what we've settled for.
Under ABA model roles what kind of fee agreements have to be in writing and signed?
Contingency
Under ABA model rules, what kinds of fee agreements have to be in writing and signed?
Contingency
Under the ABA Model Rules, what kinds of fee agreements have to be in writing and signed?
Contingency fees.
Contingency Fee
Contingent fee arrangements - must be reasonable; signed by client. -No criminal cases -No publication rights -No domestic relations case Exception: "Past due" support payments are debt and therefore okay
Which of the following is NOT one of the basic ethical duties about client property?
Deliver funds within one month of receipt
Which of the followings is NOT one of the basic ethical duties about client property?
Deliver funds within one month of receipt.
If you are traveling for client A and do work on the plane for client B, how should you bill your time?
Deduct the time you spent for client B and from client A's bill.
If you are traveling for clients A and do work on the plane for clients B, how should you bill your time?
Deduct the time you spent for client B from clients A's bill
If you are traveling for client A and do work on the plane for client B , how should you bill for your time?
Deduct the time you spent for client B on client A's bill
Respecting Rights of Jurors
DURING TRIAL: No lawyer connected with the case can talk about case with a juror unless authorized by law or court order. (only speak to during opening and closing). No de minimus exception AFTER TRIAL: Must not communicate if any of these 3 conditions is met: 1. Court says not 2. Juror says doesn't want to, doesn't have to 3. If purpose is harassment
Solicitation is defined as:
Direct requested contact with a prospective client to obtain employment
Solicitation is defined as:
Direct unrequested contact with a prospective client to obtain employment.
Licenses in more than one state-Discipline
Discipline by one state does not mean the other will discipline you. They will do their own valuation first. But a lawyer licensed in Ohio is subject to discipline even if his conduct takes place elsewhere
What should be on a law firm website?
Disclaimers about not forming a lawyer-clients relationship The jurisdiction in which the lawyer is licences to practice The real names of the lawyers
What ethics rules prohibit lawyers from doing regarding judges?
Ethics rules prohibit lawyers from attempting to influence judges and from implying that they can influence a judge.
What prohibits lawyers from bringing unmeritorious or frivolous claims or defenses?
Ethics rules, statutes, and court rules.
A lawyer cannot generally lend money to a clients
Except for advancing consts of litigation
A lawyer cannot generally lend money to a client:
Except for advancing costs of litigation.
Reasonable vs. Excessive Fees
Excessive fees and Minimum fees are prohibited. Factors in setting a reasonable fee a. Time and labor b. Difficulty and novelty of questions c. Experience, reputation and abilities d. Relationships: nature and length e. Exclusions (whether lawyer must turn away other cases if client knows of this) f. Fixed or contingent (contingent can be higher) g. Fees customarily charged
What provides for appropriate sanctions against lawyers, clients or both for filing unwarranted or other objectionable pleadings and papers?
FRCP 11.
What are 4 duties commonly performed by legal assistants?
Factual Investigation (including Interviewing Clients/Witnesses); Legal Research; Assisting and Summarizing Depositions; and Drafting Documents with Supervision.
Fee Splitting within a firm
Fee Splitting within a Firm Attorneys in the same law firm, by agreement, may legitimately share or split fees earned by any of them. Fees may even be shared with an attorney who has retired from the firm.
Fee Arrangement
Fee arrangement (scope of representation, basis or rate of fee, and expenses for which client will be responsible) shall be communicated to client before (or within a reasonable time after) representation starts. Exception: When a lawyer will charge a regularly represented client on the same basis or rate in subsequent matters.
the following restrictions are placed on legal fees by ethics rules
Fees cannot be for illegal activity; fees cannot be excessive, fees cannot be unconscionable
Referral fees are
Fees paid for referring a case to a lawyer and are usually ethical
Referral fees are:
Fees paid for referring a case to a lawyer and are usually unethical
Imputation upon lawyer's termination with Firm
Firm not prohibited unless: 1. Matter is same or substantially related to that in which the formerly associated lawyer represented the client; and 2. Any lawyer remaining in the firm has information protected by confidentiality and relating to using or revealing information pertaining to the representation that is material to the matter.
Disputed Claims
Following the receipt of settlement, the lawyer must notify the client promptly, keep records, render accounting, and pay out promptly. If disputed, that portion remains in the client trust account.
Duty to Accept Cases
General Rule: A lawyer is not under a duty to accept representation of any client. Exceptions: 1. COURT APPOINTMENTS must take so long as no good cause exists to decline. Good cause to decline representation exists if: a) Representing the client is likely to result in violation of the Ohio Rules of Professional Conduct or other laws; or b) Representing the client is likely to result in an unreasonable financial burden on the lawyer. 3) UNDERTAKING REPRESENTATION Once a lawyer undertakes representation, the full range of obligations and duties to a client exists. The lawyer is both a fiduciary and agent of the client. [Also: Defenseless or Oppressed client: should take Fair share of pro-bono: should take]
Fee Splitting w/ Nonlawyer
General Rule: CAN'T DO IT! Exceptions: 1. Errors of a deceased attorney 2. Employees in the form of salaries and as part of pensions or bonus plans 3. Lawyer may share court-awarded legal fees with a non-profit organization that employed, retained or recommended employment of the lawyer in the matter. (pro-bono work)
Issue or positional conflicts
Happen when two clients are adversaries in a lawsuit
bicameral
Having two chambers. A two-part legislature, such as the U.S congress, is bicameral: composed of the senate (the "upper house" or "upper chamber") and the house of representatives ( the "lower house" or "lower chamber").
Relative a Party
If former partner or close relative(that is within the 3rd degree of relationship) is party, attorney, material witness, or person with more than a de minimis interest that could be substantially be affected by the proceeding that is before the judge. (cousins are okay). (spouse's relative, in law, is your direct relation).
Procedure if learn of violated duty within corporation.
If lawyer for organization learns that an act has been or is about to be committed in a way that violates a duty to the organization or a law in a way that might be imputed to the organization, AND if the violation is likely to cause substantial injury to the organization, the lawyer must proceed as is reasonably necessary to protect the interests of the organization. 1. Must report violation to higher authority (president) and to outside directors if necessary. 2. May report relevant information to appropriate persons outside the organization only if, and to the extent that, the lawyer reasonably believes such reporting is necessary to prevent substantial injury to the organization. 3. Narrow range of discretion: lawyers need not report violation if she reasonably believes that the organization's best interests do not require the violation to be reported.
Safekeeping Funds and Client's other property
If other than money, Lawyer must safeguard client's property
When are lawyers prohibited from giving advice to an unrepresented person?
If there is a possibility that this third person's interest may conflict with the clients.
Legal malpractice is:
Improper conduct in the performance of the lawyer's duties, whether intentionally or by negligence
Legal malpractice is:
Improper conduct in the performance of the lawyer's duties, whether intentionally or by negligence.
Two lawyers challenged their disciplines for advertising
In Bates v State Bar of Arizona
Certification/Specialty
In Ohio, a lawyer is not permitted to state or imply that she is certified as a specialist in a particular field of law, unless she is certified by an agency approved by the Supreme Court Commission on Certification of Attorneys as Specialists. Lawyer can inform clients that he does or does not practice in particular area of law. Ohio only recognizes as SPECIALTY law: 1) admiralty 2) patent 3) trademark
Post-Event Waiting Periods for Soliciation
In Ohio, if a lawyer makes a communication intended to solicit employment from a prospective client, and such communication is made within 30 days of an accident that gives rise to a potential claim for personal injury or wrongful death, the lawyer must include "Understanding Your Rights" disclosure. This disclosure informs prospective clients of their legal rights and the attorney-client relationship. Federal law prohibits lawyers from contacting victims of airplane accidents or their families until at least 45 days from the date of the accident.
Conflicts of Interest-Generally
In general lawyer cannot represent adverse interests of client or prospective client. In some instances, conflict can be cured if BOTH of the following occur: 1. Lawyer fully explains risks and alternatives (informed consent) 2. Client agrees in writing (can be electronic) ALWAYS a conflict to represent a current client against a current client. CANNOT undertake even with consent.
If the court orders a lawyer to provide documents that the lawyers believes to be privileged, what should the lawyers do?
Invoke privilege and argue to protect the privilege
The practice of billing clients for paralegal time:
Is endorsed by the ABA
What is a code of professional courtesy? What kinds of conduct does it require?
It advises lawyers how to conduct themselves and inform judges who can hold lawyers in contempt for behavior. Requires: frequent communication between clients, advising mediation, resolving matters expeditiously and not overcharging, acting courteously with other lawyers, cooperating in scheduling, and resolving disputes, acting vigorously but with civility with courts, also being punctual and honest with courts, duty to public, and upholding the legal profession.
What happpens to privileged information if it is in advertently disclosed during the course of a lawsuit?
It depends on the lawsuit jurisdiction - court consideraion, how information was releases, how many times its happend etc.
The definition of UPL has been what?
It has been developed over time though case law in most jurisdictions, including PA
What is zealous representation, and what other ethics rules does it sometimes conflict with?
It is a lawyer's exercising best efforts on behalf of a client within the bounds of the law and ethics. It sometimes clashes with other legal ethical duties such as the lawyers duty of candor to the court and proper administration of justices, rules of confidentiality and search for truth.
Why is Regulation a current issue in Professionalism?
It is central to the debate about the evolution of the paralegal field.
What is the purpose behind the rules regarding confidentiality?
It is fundamental to the lawyer-client relationship. Lawyers are in a fiduciary relationship with their clients, which requires the lawyer's highest trust, confidence, loyalty, and good faith.
An ABA formal opinion said which of the following about using email with clients?
It is okay to use encrypted email because there is a reasonable expectation of privacy
What is the general rule of the Attorney-client privilege?
It lasts indefinitely. Client that seeks a lawyers advice or assistance may invoke an unqualified privilege not to testify and to prevent the lawyer from testifying as to communications made by the client in confidence to the lawyer. Client is the holder of the privilege and the only one that can waive it.
What does ABA Model Rule 1.3 provide regarding client representation?
It provides that a client be represented with diligence and promptness.
False/Misleading Public Statements
Judge may respond to false or misleading statements issued by an opponent, or media with factually accurate response, which may be done personally, but preferably through someone else.
Judge's Role in Organization
Judge may take part in educational, religious, charitable, fraternal or civic organizations and activities not conducted for profit. Including: 1. Solicitation of contributions for the organization, but only from family members or other judges over whom the judge has no supervisory or appellate authority 2. Appearing or speaking at, receiving an award at, or being featured on the program of the organization's event (if the event is a fund-raiser, the event must concern the law, legal system or administration of justice) 3. Serving as an officer, director, trustee or nonlegal advisor unless the proceedings would ordinarily come before the judge.
Judge as Witness
Judge must not testify as a character witness, except by subpoena
Judge/Government Employee Conflict
Judge or government employee who later goes into private practice may not represent a party on a matter she or he worked on personally. RULE: Cannot take "matters" where previously acted or had substantial responsibility absent written informed consent, but no rule of imputation—so long as lawyer is "screened off" from the case. "Matter" is specific facts with specific parties
Extrajudicial Activies
Judge's personal and extra-judicial activities (while encouraged) must not interfere with proper performance or otherwise appear to undermine the judge's integrity or impartiality.
Judges as Lawyers
Judges do not engage in the full time practice of law, except: 1. Pro se 2. Advice for family members (but may not act in a forum)
Reasonable Compensation Engagements
Judges may receive reasonable compensation for speaking, teaching or writing unless such payment could appear to undermine impartiality. Judges may be reimbursed for necessary expenses (travel, food, lodging, etc.) or have fees waived when associated with the judge's participation in permitted activities.
Bias, prejudice, harrassmenet
Judges must avoid bias, prejudice and harassment and require those who the judge directs and controls (bailiff, clerk, etc.) which includes race, sex, gender, religion. National origin, ethnicity, disability, age, socioeconomic status, (new stuff) sexual orientation, marital status, or political affiliation.
Accepting Gifts
Judges must not accept gifts, loans, bequests or other things of value where prohibited by law or where such may appear to undermine impartiality.
Discriminatory organizations
Judges must not be members of organizations that discriminate on the basis of race, sex, gender, religion, national origin, ethnicity, or sexual orientation....once judge learns of the discrimination, must resign immediately (if discrimination MUST resign. Even if not member, must not use the benefits or facilities of that organization May attend an event there if it is an isolated event that cannot be perceived as an endorsement of the organization's practices. Exception: OK to be a member of a religious organization (which is a lawful exercise of freedom of religion).
What branch of gov't primarily regulates the legal profession?
Judicial.
Since the changes in ethics rules about lawyer advertising
Lawyer advertising has become widespread throughout the legal community
Since the changes in the ethics rules about lawyer advertising,
Lawyer advertising has become widespread throughout the legal community
Lawyer as Director of Company
Lawyer can be a director of company, but no attorney-client privilege in board meetings.
Exception to Concurrent Conflict
Lawyer can represent despite concurrent conflict if: 1. Can provide competent and diligent representation to each affected client; 2. Representation is not prohibited by law; 3. The representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and 4. Each affected client gives informed consent, confirmed in writing.
Acquiring an Interest in the Case
Lawyer can't acquire an interest in the case. Exceptions: a. Contingency Fees b. Security lien (recognizes lawyers interest in their work product)
Business Transactions With Clients
Lawyer can't enter into a business deal with a client. Exceptions: 1. If an ordinary transaction 2. As long as the terms are fair (really just an issue when go in on business decision together) Requires in writing: a. full disclosure of terms b. advised to get independent counsel c. informed consent, signed by client
Gifts from Client
Lawyer may accept a reasonable gift from client, but must not draft deed of gift or will, unless related to the donor.
Former Client Conflict-Imputed on Firm
Lawyer may not represent a person in the same or substantially related matter in which a firm with which the lawyer was formerly associated represented a client: 1) Whose interests are materially adverse to this person; and 2) About whom the lawyer had acquired material information protected by the model rules, unless client gives informed, written consent.
Law reform activities affecting client interests
Lawyer must disclose that she is working in representative capacity. When lawyer works on law reform project and is asked to participate in a decision that would materially benefit a client, the lawyer must disclose that fact (but don't have to identify client).
Meritorious Claims and Contentions
Lawyer must have good faith basis for actions; make only meritorious claims and contentions.
Client Trust Accounts
Lawyer must keep all clients' money in a separate (trust) account in the state where the lawyer practices, (UNLESS the client: Consents to the account being elsewhere). No commingling of lawyer's money with client money. For small sums, may use a Pooled trust account— but cannot use one client's money for the benefit of another client. For a large sum held for a long period of time, must be separate interest-bearing account with interest going to client. (Different states define small amount in different ways) Exception: Lawyer money can cover bank service charges
Operating Account
Lawyer's money to run the office
Agreement to pay a monthly retainer fee
Lawyers are permitted to get clients to sign which of the following kinds of agreements?
Under rules about fee splitting
Lawyers can sometimes split fees with another lawyer
Under the roles about fee splitting,
Lawyers can sometimes split fees with another lawyer NEVER WITH PARALEGALS
Under the rules about fee splitting, lawyers can do what?
Lawyers can sometimes split fees with another lawyer.
Under rules about fee splitting
Lawyers can sometimes split fees with another lawyer. Can never split fee with nonlawyer.
Until 1977, what did the roles on advertising require?
Lawyers could not advertise
A lawyer cannot generally lend money to a client:
a. Except for advancing costs of litigation.- ANSWER b. Except for advancing living expenses during litigation. c. Under any circumstances. d. Only with a signed permissory note.
A lawyer can circumvent the ethics rules on referral fees by
None of the above
A lawyer can circumvent the ethics rules on referral fees by:
None of the above
Which of the following practices is typically prohibited by the ethics rules?
None of the above
Which of the following groups has been allowed to represent clients in cases of successive representation with screening in place?
None of the above So not laternal partners, first year associates, or government lawyers
Which of the following kinds of information is normally protected by the privilege ?
None of the above: identity of the client, where abouts of the clients, the fee arangements
The rules against fee splitting have been interpreted to mean that
Nonlawyers can be included in law firm retirement and bonus plans
Ancillary (or law-related) services
OK to provide services reasonably performed in conjunction with and related to legal services. NOTE: 1) Non-legal and legal provided together: accounting, financial services, lobbying, then rules apply to both! 2) Non-legal services provided by entity controlled by the lawyer: lawyer must assure that client knows of their interest and that it is not legal services. Failure to do so will mean: rules apply to all services.
Pro-Bono Work
Not required in Ohio
Wjat are the basic ethical duties of clients property?
Notify the clients of receipts of funds, deliver funds promptly, and provide a full accounting
Are lawyers permitted to divulge their clients settlement limits, without client consent, if the judge orders them to do so?
No.
Does the ABA provide a uniform set of guidelines which mandatorily apply to all jurisdictions and establish uniform rules and regulations pertaining to a lawyer's conduct?
No.
In the USA, is the ability to practice law a right?
No.
Is information disclosed during an initial consultation with an attorney privileged only if the prospective client hires the lawyer?
No.
Is the line between what is permissible and what is impermissible always clear, regarding what paralegals can and cannot do?
No.
The rules against fee splitting have been interpreted to mean that
Non lawyers can be included in law firm retirement and bonus plans.
The rules against fee splitting have been interpreted to mean that:
Non lawyers can be included in law firms retirement and bonus plans
As representatives for the gov't, prosecutors have a special duty of what?
Of truth and fairness in the administration of justice.
Retainer goes into what account?
Office account
Managers of Firm-Conformity to Ohio Rules
Ohio does not require but encourages office policies that insure subordinates conform to Ohio rules.
All of the above
One of the concerns about communicating with clients on social media is that the lawyer will:
The privilege applies in which circumstance?
Only if the client is seeking legal advice
When is it permissible for an attorney to be involved in a sexual relationship with a client?
Only if the relationship existed before he/she became a client of the lawyer and if its a serious type relationship. If there is no reason to believe the client is being taken advantage of.
Appendix G
Outlines several reliable "starting points" and free web resources designed to make legal research on the internet faster and more cost-efficient
ABA RULE 4-6
PRO BONO PUBLIC SERVICE
Under lawyers advertising rules, what is most likely to violate ethics rules? (Example)
Paralegal name without a title in an ad.
Under lawyer advertising rules, what is most likely to violate ethics rules?
Paralegal name without title in an ad
Why is Exempt status a current issue in Professionalism?
Paralegals are entitled to overtime compensation under the Fair Labor Standards Act
What is a general rule for Paralegals?
Paralegals should not sign pleadings for the lawyer. Engage in UPL, to be specific.
Which of the following best describes how the malpractice rules apply to paralegals?
Paralegals, including those working as independent contractors, may be named in malpractice suits.
Party's power to remit
Parties can remit for all the above disqualification issues... EXCEPT: Cannot remit for judges personal bias towards party or one of the lawyers.
When are partners in a firm subject to discipline for misconduct by others?
Partners in a law firm should make reasonable efforts to ensure the firm has measures in place that give reasonable assurance that all lawyers in the firm conform to the Rules and that the conduct of all non-lawyers working for the firm conforms to the Rules. Partner lawyers may be subject to discipline for ratifying conduct by a non-lawyer if the conduct would have violated the disciplinary rules if it had been engaged in by a lawyer. EXAM NOTE: The obligations of partner-lawyers are often tested in the context of paralegals or other non-lawyers making mistakes without the lawyer's knowledge. The outcome depends on whether the firm's procedures and measures existed and were followed. If a question indicates that a subordinate engaged in misconduct without the lawyer's knowledge, check to see if preventative measures (e.g., employee training, an employee conduct handbook) were taken.
The best definition of "diligence" is
Persistent attention to a matter
The best definition of "diligence" is
Persistent attention to a matter.
The best definition of "diligence" is what?
Persistent attention to a matter.
Lawyers can be prosecuted for engaging in UPL if they do what?
Practice law in a state in which they are not licensed, practice law when they are under suspension, and practice law before obtaining a license.
When does a Attorney-Client relationship begin?
Reasonable belief of representation The lawyer-client relationship begins when the client reasonably believes the relationship exists. No formal writing or agreement is required. EXAM NOTE: Look for casual conversations between a lawyer and a potential client; if the facts indicate the client reasonably believes the relationship exists, it does.
What DOES constitute giving legal advice?
Recommending a course of conduct to a client, outlining a clients rights, and interpreting a case for a client.
Civil liability for incompetence including malpractice
Recovery comes from cause of action based in: contracts, torts, or fiduciary relationship Requires money loss and causation Purpose of civil malpractice claim is compensation (client would have won except for us).
If a lawyer includes a request for compensation at lawyer rates for work that he or she did that a paralegal could have done, the court is most likely to
Reduce the fee for those tasks to the fee that would normally be paid to a paralegal
Appendix I
Refer to appendix I for a list of free state and municipal government law resources on the Web.
Which of the following is NOT one of the designations for voluntary certification by a national paralegal association?
Registered Legal Assistant
enrolled
Registered or recorded a formal document in the proper office or file.
Exceptions against solicitation are provided for:
Relatives, Former clients. and Persons reasonably believed to be as clients
Because of problems with billing abuses, some corporate clients now:
Request firms to make proposals for services, use task based- billing , check bills more carefully
Sale of a Law Practice
Requirements for Valid Sale 1. The entire practice or entire field of practice must be sold. 2. Seller must exercise competence in identifying a competent purchaser. 3. Written notice must be given to seller's clients regarding: a) the sale b) client's right to get their files returned c) client's right to get new counsel d) consent will be presumed if the client takes no action within 90 days of the receipt of the notice. If notice cannot be given for some reason, then a court order is required to authorize the transfer of the representation. 4. Seller must cease to engage in private practice of law (or at least in the sold field). 5. Purchaser must take (not only tell) all cases, can't say taking these cases, if buy them all, have to sell them all.
ABA 3.1
Requires lawyers to make reasonable efforts to expedite litigation consistent with the clients interests
The surbanes oxley act
Requires lawyers to report violations of securities law within the corporate chain of commands
Retired/Part-time Judges
Retired judges subject to recall can serve as an arbitrator or mediator (but not while serving as a judge). Part-time, periodic part-time and pro tempore part-time judges are exempt from many, but not all, CJC provisions restricting outside activities and political activities. (don't need to know what activities, just that it applies to some).
While partnership between lawyers and non lawyers for the practice of law are generally prohibited:
The District of Columbia allows some professionals to be partners in law firms
While partnerships between lawyers and nonlawyers for the practice of law are generally prohibited:
The District of Columbia allows some professionals to be partners in law firms
Lawyer as a Witness
Rule: Lawyer can't be necessary witness for client Exceptions: a. Uncontested matter (can testify) b. Legal fees (testify) c. Substantial Hardship to the Client (complete retrial would cost thousands). Disqualification not imputed to other members of firm.
What does ABA Model Rule 1.1 require regarding client representation?
That a client be represented competently.
Until 1977, what did the ethics rules on advertising require?
That lawyers COULD NOT ADVERTISE.
What is the largest professional association of lawyers in the world?
The American Bar Association, a voluntary association. 1/3 of the lawyers in the country are members. Most states have patterned their code of ethics on the models of the ABA.
CM/ECF
The Case Management and Electronic Case Files (CM/ECF) system offers federal courts the ability to maintain court records electronically and to accept court filings over the internet.
Reciprocal Referral Arrangement
The Ohio Rules prohibit reciprocal referral agreements between two lawyers or between a lawyer and a non-lawyer professional. The rules also prohibit a lawyer from seeking employment in connection with a matter in which the lawyer or law firm does not intend to participate actively in the representation, but that the lawyer or law firm intends to refer to other counsel.
The changed in the ethics rules about advertising were brought about becase
The US supreme court overturned state ethics rules
The changes in the ethics rules about advertising were brought about because:
The US supreme court overturned state ethics rules
Title
The United States Code presents the federal laws currently in effect organized according to subject matter into 50 "titles". A title is one of the major organizational divisions of the united states code.
Why is Utilization a current issue in Professionalism?
The ambiguity that accompanies the development of a new profession has resulted in both underutilization of paralegals and vast differences in the way that paralegal services are utilized
annotated code
The annotated code contains the text of existing statutes, in language identical to that contained in the code for the jurisdiction, together with annotated material after each statutory section.
Under which circumstances below does the prviliged information lose its protected status?
The client tells the paralegal information in the reception area where other clients are present
Attorney Client Privilege provides
The clients with an unqualified privileged not to disclose
online
The condition of being connected to a network of computers or other devices. The term is frequently used to describe someone who is currently connected to the internet.
Vicarious disqualification means
The conflict of one person in a firm is imputed to all others in the firm
Vicarious disqualification means that:
The conflict of one person in a firm is imputed to all others in the firm
Direct history
The direct history of the case includes prior and subsequent history of that case.
Keep clients reasonably informed about what is going in their matters
The ethics rules about competence generally requires lawyers to
When can a lawyer make a claim that is not warranted under existing law?
The ethics rules on unmeritorious claims do provide an important exception to the general rule against making claims or defenses that are not warranted by the law, that is, if the client is seeking to extend, modify, or reverse the law.
"Skills" needed to work competently usually refers to
The execution of tasks in the handling of a client matter.
engrossed
The final copy of the bill is often referred to as the "engrossed" copy because it contains the definitive text approved by the chamber.
Adjudication
The formal giving, pronouncing, or recording of a judgment for one side or another in a lawsuit.
patent
The government grant to an inventor of a right, privilege, or authority by excluding others from making, using, offering for sale, or selling the invention through the United States or importing the invention into th eUnited States. Registered patents are often identified by the r O symbol.
In most states, what entity is responsible for adopting rules relating generally to the practice of law?
The highest court in each state.
The practice of billing clients for paralegal time is what?
a. Has not been widely accepted in the US b. Is not considered ethical. c. Is prohibited by ethics rules. d. Was endorsed by U.S. Supreme Court.- ANSWER
Why is Education a current issue in Professionalism?
The lack of consistency in hiring standards and in uniformity of curriculum offered by different schools prevents paralegals from having a shared body of knowledge and a shared educational experience.
If a law firm does not honor the rules on conflicts of interest, which of the following can happen?
The law firms has to disgorge fees The law firm is sued for malpractice The lawyer is disciplined by the authorities
Which of the following can be the basis for a malpractice suit?
The lawyer has a conflict of interest
What best described the ethical situation when a prespective client send email with confidential information to a lawyer?
The lawyer has no duty of confidentiality unless the lawyers website gave a reasonable expectation that there would be one.
A lawyer cannot take a case where he/she is likley to be a witness if:
The lawyer stestomony is deemed nessesary
Trial courts
The lowest tier in the federal court system and the state court system is usually comprised of trial courts.
Commingling is what?
The mixing of client funds with the lawyer's funds.
negative indirect history
The negative indirect history includes cases outside the direct appellate line of the case being Keycited that may have a negative impact on the precedential weight of the case. cases listed under negative indirect history are later cases that may have questioned the reasoning of the earlier case, distinguished themselves on their facts, or limited the effect of the earlier case.
United states code
The official law books containing federal laws organized by subject. they are recompiled every six years, and supplements are published when needed.
what is the proper roles for the paralegal in the matter of a client's fee?
The paralegal can quote typical fees and can prepare the fee agreement
Why is Gender and Diversity a current issue in Professionalism?
The paralegal career continues to be a female-dominated occupation that serves a still-male dominated profession.
What is most likely the happen if a paralegal is negligent?
The paralegal loses his/her job.
What is required in order for a screen to be effective?
The paralegal sings an agreement vowing not to disclose confidential information about the matter
What is a reason that a fee petition will be reduced by court?
The petition covered clerical or secretarial tasks and the petition based for a rate that is above a market rate the lawyer and paralegal included compensation for the same task (all of the above)
What conflict arises when married or other closely related attorneys represent adverse interests?
The possibility that it will result in confidential info being disclosed.
enumerated powers
The powers specifically granted to a branch of government in a constitution.
currency
The principle that a legal source is authoritative as of the date of the research.
All of the above
The principles of vicarious disqualification are based on:
public domain
The public domain compromises the body of all creative works and other knowledge in which no person or organization has any proprietary interest.
The facts presented at trial and the outcome of the trial are dependent entirely on what?
The quality of the work prior to trial.
Allow the firm to continue representation
The rules on screens in conflict situations:
Security Violations - Sarbanes-Oxley Act
There is a Duty of Securities lawyers to report up the chain of command to CEO; If not appropriate response, must report to board of directors and may report to SEC. (When it comes to securities lawyers need to work way up command). Consequences of Reporting: SEC protects lawyer.
To undertake or continue concurrent representation, there must be what?
There must be first, an assurance of adequate representation of both clients, and second client written consent.
Trial lawyers are expected to do what? What Model Rules is this?
They are bound by ethics rules to conduct themselves in a dignified and courteous manner in court. Model Rule 3.5 (c.)
Lawyers are prohibited from communication with who and may only communicate with who? What ABA Model Rule?
They are prohibited from communicating with parties who are represented by counsel and may communicate directly with the represented person's counsel only. ABA Model Rule 4.2.
Paralegals who work as freelance/ independent contractors are still required to do what?
They are required to adhere to the same UPL rules as employed paralegals.
Why has a poor public image plagued the legal profession for the last half-century?
They believe lawyers are greedy, unethical, hard to communicate with, lacking in compassion and respect, overzealous abusers of the legal system, "impaired" because of some substance abuse, bill high rates, and finally the competiveness and zeal of lawyers has led to abuses of the system.
What practical consequence can result to lawyers who violate ethical rules?
They can be reprimanded, which is their unethical work not being tolerated anymore; they can have their license suspended for a certain period of time; and they can be disbarred which is losing their license.
What practical consequences can result to a legal assistant who violates the rules of professional conduct?
They can lose their job; it can affect their reputation to be able to work as an LA elsewhere; harm to the client and firm; negative impact on the public's perception of the legal system.
Why are paralegals in an ambiguous position in the legal profession? Give at least three reasons.
They can't legally engage in certain activities that are just for lawyers. They do substantive legal work that would've been done by lawyers and is paid for by the client. They are part of the professional staff engaging in legal work, not part of the support staff, but they can never be full and equal partners in the law firm.
What should a paralegal do if he/she discovers adverse controlling in the course of research?
They must report it to the supervising lawyer so it can be properly addressed in documents filed with a court.
All of the above
Third party payment of legal fees is allowed in which of the following cases:
The lawyers duty under the priviledge is
To advise the client of the privileged in formation
Why should paralegals disclose their status as nonlawyers?
To avoid being asked for legal advice, and to ensure that people don't think they are lawyers.
Ex Parte Communication
To juror: NEVER. Not even eye contact. To judge: Allowed if emergency or deminimus ("Good morning Judge") To adverse party: NEVER lawyer. But can encourage client to.
Many states allow lawyers to make statements, why?
To protect their clients in response to publicity not generated by the lawyer or the client.
Prosecutors must seek not only to convict, but what?
To seek justice and to ensure that all citizens are afforded their rights.
What usual and permissible expenses can lawyers pay witnesses? (related to testifying)
Travel and Loss Wages
The rules prohibiting fee splitting are based on which of the following ethical principles?
UPL, Interference with independent professional judgement , solicitation
Paralegal name without a title in an ad
Under lawyer advertising rules , which of the following is most likely to violate ethics rules?
Lawyers could not advertise
Until 1977, what did the ethics rules on advertising require?
What does NOT constitute giving legal advice: (for the paralegal)
Updating a client about his or her status.
The paralegal role in communicating with clients is
Very important because paralegals often act as a liaison with clients and a source of information for them
The paralegal role in communicating with clients is:
Very important because paralegals often act as a liaison with clients and a source of information for them
Flat fees are typically used in what kind of legal matters?
Wage- earner bankruptcy
Flat fees are typically used in what kind of legal matters?
Wage-earner bankruptcy
Rules prohibiting solicitation have what?
a. Have been overturned by the U.S. Supreme Court b. Have been greatly modified by the U.S. Supreme Court- ANSWER c. Are essentially the same as they have been for 30 years. d. All of the above.
The lawyer has no duty of confidentiality unless the lawyer's website gave reasonable expectation that there would be one.
What best described the ethical situation when a prospective client sends an email with confidential client information to a lawyer?
Activities that do not require a license (Not APL)
a. Interview people b. Filling in forms c. Writing legal memos
Requirement to Report Invitations and Gifts
Where not prohibited, judges may accept and MUST report: invitations to attend without cost an activity related to the law or legal system or an event associated with the judge's educational, religious, charitable or civic activities if that invitation is offered to non-judges engaged in similar ways, and gifts, loans, bequests or other items of value if the source is someone who is likely to come before the judge.
De Minimus Gifts
Where not prohibited, judges may accept without reporting di minimus items (plaques, certificates), ordinary social hospitality, gifts from people whose appearance or interest in a case would lead the judge to be disqualified anyway (ex. Family members and close friends
Decisions belonging to the client
Whether to: a. Sue b. Settle (must inform client of all settlement offers unless client has specifically and with informed consent, authorized a decision. When offer comes in need to say what do you want to do). c. Testify (in a criminal case) - can advise whether to testify but client's choice d. Plea e. Jury/bench f. Appeal
None of the above
Which of the following groups has been allowed to represent clients in cases of successive representation with screening in place?
Confidentiality barrier
Which of the following is NOT another name for a screen?
All of the above
Which of the following is a concurrent conflict that often prohibits the lawyer from representing both parties?
Claims about quality
Which of the following is typically prohibited by state ethics rules?
The paralegal signs an agreement vowing not to disclose confidential information about the matter
Which of the following is typically required in order for a screen to be effective?
Associate
Which title is most likely to be NOT acceptable for a paralegal?
If a court orders a lawyer to provide documents that the lawyer believes to be privileged, the lawyer should:
a. Invoke the privilege and argue to protect the privilege. -ANSWER b. Turn them over no matter what because the court has so ordered. c. Contact the judge ex parte to request nondisclosure. d. None of the above.
What is typically prohibited by ethics rules? (dealing with fees)
a. Loaning a client money -ANSWER b. Payment by credit card. c. Discounting of fees.
Do ethics rules in all jurisdictions establish the obligations of the prosecutors?
Yes, and local laws frequently impose additional requirements.
Conflicts of interests are based on what principle or principles of ethics?
a. Loyalty b. Loyalty and Confidentiality- ANSWER c. Confidentiality d. Zealous Representation
Lawyer as an Evaluator
a. Must be compatible with other aspects of representation, and b. Client's written informed consent c. Must be truthful in the evaluation; if harmful result, get informed consent in writing Get them to sign up front.
Flat fees (fixed fees) are typically used in what type of matters?
a. Personal injury b. Wage-earner bankruptcy -ANSWER c. Business litigation d. Intellectual property
In some states, the privilege applies in the corporate setting to communications between the lawyer and the people who are responsible for management relating to the issue involved. This test is called the:
a. Subject matter test b. Upjohn test c. Control group test- ANSWER d. Work product rule
What is typically prohibited by state ethics rules? (dealing with ads)
a. Testimonials b. Undignified ads c. Claims about quality - ANSWER d. Ads placed on the front doors of people's homes
Which is a proper role for the paralegal in the matter of a client's fee?
a. The paralegal can quote typical fees with the lawyer permission. b. The paralegal can prepare the fee agreement c. The paralegal can sign the fee agreement for the lawyer d A and B.- ANSWER
In which of the following circumstances can an attorney generally reveal info that would otherwise be protected by the privilege?
a. the client sues the lawyer for malpractice. b. to prevent death or substantial bodily harm. c. the lawyer is charged with ethics/violations related to the representation. d. ALL OF THE ABOVE - answer.
malicious prosecution
abuse of process
relations other lawyers and parties
acting courteously not engaging in delay or unmeritorious tactics cooperating in scheduling and resolving disputes not disparaging other lawyers not harassing the opposition
the most common way that ethical breaches in litigation are addressed in the court
action by means of court-ordered sanction against the lawyer
Federal rule of civil procedure 11
adopted to alleviate unnecessary delays and paperwork
Courtesy or professional guidelines:
advise lawyers on how to conduct themselves
relations with the courts
advocating vigorously but with civility, being punctual being honest
In PA, are parties permitted to represent themselves in civil actions and criminal actions?
Yes.
In PA, is the practice of law by someone who is not authorized to do so a misdemeanor?
Yes.
Procedural and tactical decisions belonging to the attorney.
[law, tactics, and strategy] a. Which court to file in b. Depositions - do we take/not take? c. Discovery - whether + what to seek/produce d. Continuances - whether to request or grant a request EXCEPTIONS: (ie, procedural or tactical issues which belong to client) 1) Case expenses - going to depose 40 people 2) Third person's "well being" - put child on the stand
The following restrictions are placed on legal fees by ethics rules:
all of the above; fees cannot be for illegal activity, fees cannot be excessive, fees cannot be unconscionable
The crime-fruad exception to the privilege generally:
allows the lawyer to reveal privileged information ig he clients is planning a crime
contempt
an act that obstruct the administration of justice, impairs the dignity of the court, or shows disrespect for the authority of the court
United states code congressional and Administrative News
an advance session law service for federal statutes.
court order
an order issued by the court requiring a party to do or not do a specific act.
expert witness
a person who, through education or experience, has developed skills or knowledge in a particular subject area, so that he or she may form an opinion regarding certain facts of a case.
Slip Law
a printed copy of a bill passed by congress that is distrubuted immediately once signed by the president.
retrospective
a retrospective or retroactive law is one that changes the legal status of things already done or that applies to past actions.
headnote
a summary of a case, or of an important legal point made in the case, placed at teh beginning of the case when it is published. A case may have several headnotes.
2) Matter a lawyer in private practice cannot take, when as a government lawyer/judge, he did the work.
a) A contract that was drafted for the government b) Where you ruled on the merits (as a judge - can't say going in private practice soon). However, someone else in the firm can take the case—so long as the former government lawyer is timely "screened."
Matters former government lawyer/judge can take even though did the work...
a) Drafting laws b) Compiling statistics
Duty to Reject Cases
a) Physical or mental inability b) Conflict of interest c) Frivolous claim or defense d) Strong feelings or bias e) Incompetence/Lacking the legal expertise
Activities that require a license-(APL if not licensed)
a. Appearing in court and at depositions b. Drafting documents that impact substantial legal rights (trust, will, contract) c. Negotiating settlement
Lawyer as an Adviser
a. Client entitled to all information—entitled to candid advice b. Should give legal, moral, economic, or ethical advice
Under ABA Model Rules, what kind of fee arrangements have to be in writing and signed?
a. Contingency
The rules against solicitation by lawyers prohibit what else?
a. Don't extend to paralegals b. They also prohibit a paralegal from soliciting for the lawyer- ANSWER c. Extend to employees but not independent contractors.
Permissible Permanent Multi-Jurisdictional Practice
a. Employed by her only client which has several offices Ex: Corporate and government lawyers company all over country. b. Legal services authorized by federal or local law Ex: Admitted to practice before USPTO Consequences: Subject to both states' rules Law firm with offices in more than one jurisdiction may use the same name in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located.
ABA approval of paralegal programs is what?
a VOLUNTARY form of recognition.
collegiality
a common bond with or loyalty having shared educational experiences
treatise
a formal and systematic exposition or argument in writing on a specific subject; includes a methodical discussion of the facts and principles involved and conclusions reached.
act
a law passed by one or both houses of a legislature.
ABa 3.5 (d)
a lawyer may not engage in conduct intended to disrupt proceedings
code of federal regulations
a multivolume set of books containing federal administrative regulations arranged by federal agencies and by topic.
A retainer is:
a non refundable fee paid to guarantee the lawyers is available
paraprofessional
a person who works within a profession in a subordinate position but with a special training and a degree of independence in carrying out duties
Malicious prosecution is
civil lawsuit against a lawyer for bringing a case without probable case.
current issue in professionalism
bias against lawyers on he basis of race, sexual orientation and disability
hornbooks
books summarizing the basic principles of one legal subject, usually for law students.
the general professionalism guidelines typically cover:
client relations relations with other lawyers and parties relations with the courts duty to the public and profession
historically lawyer misconduct is usually uncovered and reported to authorities by:
clients
the sociologists' definition of a profession emphasizes
collegiality occupational prestige overtraining
In order to be considered a profession, an occupation usually requires exclusionary admission requirements:
false
The trend in titles for paralegals in the United States is to use the title legal assistant:
false
to address substance abuse problems that lead to disciplinary and malpractice problems, law schools screen for substance abuse and do not admit students with such problems:
false
Referral fees are
fees paid for referring a case to a lawyer ad are usually unethical
NFPA model code ec-1.3(a)
calls on paralegals to refrain from conduct that offends the dignity and decorum of courts
Zealous representation
exercising one's best efforts on the clients behalf within the boundaries of law and ethics.
current issue in professionalism
education
acting with integrity and honor
elements of professionalism for paralegals
balance as a person
elements of professionalism for paralegals
commitment to education
elements of professionalism for paralegals
commitment to excellence
elements of professionalism for paralegals
commitment to public service
elements of professionalism for paralegals
commitment to the paralegal profession
elements of professionalism for paralegals
good judgement, common sense and communication
elements of professionalism for paralegals
highest standards of ethical conduc
elements of professionalism for paralegals
current issue in professionalism
emerging developments in law practice that are designed to challenge the conventional models of operation
Fee shifting statues are
enacted to promote a public policy
spoliation
destruction of evidence that may result in a civil cause of actions for damages for interference with the ability to prove a claim or defense
five stages in the development of a profession
diffusion, education, associations, agitation and self regulation
the imposition of sanctions under Federal rule of civil procedure 11 is mandatory
discretionary
asking a question that alludes to evidence known to be inadmissible
disruptive conduct under ABA rule 3.5-d
asking questions of a witness after a judge has warned that questions are prohibited
disruptive conduct under ABA rule 3.5-d
insulting a judge or opposing counsel by accusing them of collusion, racism, incompetence or bias
disruptive conduct under ABA rule 3.5-d
making faces or gestures to the judge or jury, asking a question
disruptive conduct under ABA rule 3.5-d
prejudicial side remarks to a jury
disruptive conduct under ABA rule 3.5-d
public records
documents or other written records required by law to be maintained by a governmental agency, filed with a court clerk, or recorded with a county comptroller's office; generally open to view by the public.
duty to the public and profession
keeping current in practice areas supporting the profession upholding the professions image
Judge Reporting Judge
l. Judge who actual knowledge must report that another judge has violated the CJC (or a lawyer has violated the Rules of Professional Conduct) in a manner that raises a substantial question as to the other judge's character or fitness, the judge report; where judge receives such information from another, judge must take appropriate action.
whistleblower statutes
law that protect employees who report violations of law from being retaliated against by employers
perceptions that are a factor/s in the reputation of the legal profession
lawyers are more interested in making money than in doing what is right
ABA 3.1
lawyers shall not make a claim or defense unless it has a basis in law and fact.
ABA rule 8.4(d)
lawyers should not engage in conduct that is prejudicial to the administration of justice
the differences between lawyers today and lawyers of 50 years ago is
lawyers tend to move around more today
since 2010 several states have reported an increase in complaints against lawyers attributed to a wave of
loan modification scams
civil damages
money that a court orders paid to a person who has suffered damage ( a loss or harm) by the person who caused the injury.
Boolean search
most database searching is based on the principles of Boolean logic. A boolean search looks for a particular term or group of terms in a specific relationship to one another.
Diversity is NOT one of the characteristics of a profession used by sociologists in studying occupations:
true
To address the perceived decline in ethics of lawyers, bar associations have promoted continuing education in ethics for lawyers:
true
law firms that base fees on billable hours can create great pressure on lawyers to bull for an unrealistically high number of hours
true
only _____ of paralegals belong to paralegal orgs
twenty percent
The Florida Bar exam is offered how many times per year:
twice
delays made for a lawyers convenience delays made deliberately to frustrate the oppositions legitimate goals or to realize a financial gain refusing to respond to communications of opposing counsel repeated failure to appear at hearings, settlement conferences, depositions unnecessary delays in filing motions to disqualify counsel failing to complete discovery in accordance with court rules
unethical delays under ABA 3.2
claims, defenses and actions that are not based in law or fact,
unmeritorious
a plaintiff who sues a competitor without proper grounds with the under the law with the purpose of driving him out of business
unmeritorious claim
fee-based
used to describe online database services that require users to pay a fee before being able to access the information; users are generally charged fees to search the database based on annual or monthly contracts, or on a pay-as-you-go "per transaction" basis.
lawyers who provide many more documents than requested seeking to hid a damaging document
violating ABA 3.4 (D)
Simultaneous representation is
when a laywer represents two clients whose interests are currently adverse