Family Law Ch. 2

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Author:
missancy
ID:
103844
Filename:
Family Law Ch. 2
Updated:
2011-09-23 16:12:39
Tags:
Family Law
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Family Law Ch. 2
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  1. Consequences for violating ethical conduct?
    • Lose your job
    • Avoid civil and criminal liability
  2. A lawyer may not delegate to a non-lawyer assistant:
    • Giving Legal adivce,
    • Setting fees
    • Establishing the attorney/client relationship
  3. Who faces disciplinary action?
    The Attorney
  4. What is confidentiality? (and its purpose)
    • Protects communications between attorney/clients
    • To gain client's trust
  5. What are exceptions to confidentiality?
    • Client consent
    • Preventing substantial bodily harm or death
  6. Confidentiality Misc
    • Be aware of your surroundings when talking to a client
    • Its up to the attonery to takre reasonable measures to ensure client confidences are kept, even by nonlawyers.
  7. Conflict of interest?
    • "can't serve two masters"
    • Occurs when an attorney can't meet the standards required by fiduciary duty.
    • Sexual relations, multiple representation
  8. Conflict of Interest misc
    • Can't have sexual relations with a client when you are representing them
    • Don't ever loan a client money! (only to pay for the cost of litigation)
  9. Communicating w/ Opposing Party
    • Always put what you talk about in writing
    • Cannot make contact if represented by legal counsel (Keep communication limited!)
  10. Unbundled legal services?
    Problems - client expectations, lack of knowledge, misuse of services
  11. Competence?
    Attorney shall provide competent legal representation.
  12. Fees?
    • Flat Fee
    • Hourly Rates
    • Retainer agreement
    • Contingent Agreement (Unethical for Family law!)
  13. What is a retainer agreement?
    A retainer agreement is a contract between the law firm and client. This agreement determines the legal services requested and fees required.
  14. Pro se?
    Self-representation
  15. Pro hac vice?
    Practicing law in another jurisdiction (Another attorney within that state helps you out)
  16. UPL in Indiana?
    • (1)professes to be a practicing attorney;
    • (2)conducts the trial of a case in a court in Indiana; or
    • (3)engages in the business of a practicing lawyer; without first having been admitted as an attorney by the supreme court commits
    • a Class B misdemeanor.
  17. Paralegals in Indiana?
    Under direct supervision of a lawyer

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