Family Law Ch. 2

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Family Law Ch. 2
2011-09-23 16:12:39
Family Law

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?
  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