Home > Flashcards > Print Preview
The flashcards below were created by user
on FreezingBlue Flashcards
. What would you like to do?
Provide competent representation to a client.
Requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Need not necessarily have special training or prior experience to handle legal problems of a type w/which the L is unfamiliar
In an emergency a L may give advice or assistance in a matter which the L doesn't have the skill ordinarily required where referral to or consultation w/another L would be impractical.
Scope of Representation and Allocation of Authority Between C and L:
Subject to (c) and (d), L shall abide by C's decisions concerning the objectives of representation and, as required by 1.4, consult w/C as to the means by which to be pursued.
C has the power to settle a matter. In criminal cases, C has the power as to the plea, whether to waive jury trial, and whether the C will testify.
(c) May limit scope if reasonable under the circumstances and C gives informed consent
(d) Shall not counsel C to engage in or assist in conduct known to be criminal or fraudulent. May discuss legal consequences of any proposed course of conduct.
L shall act w/reasonable diligence and promptness in representing C
Must act w/commitment to interests of C, but isn't bound to press for every advantage that might be realized for C.
L's work load must be controlled so that each matter can be handled competently.
L shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.
Factors are: 1) time, labor, novelty & difficulty of questions involved, and skill requisite 2) likelihood that acceptance of employment will preclude other employment 3) fee customarily charged in the locality for similar legal services 4) the experience, reputation, and ability of the L or Ls performing the services 5) whether the fee is fixed or contingent
L shall not charge or collect contingent fees for criminal cases. Nor in a domestic relations matter where fee is contingent upon securing a divorce or amount of alimony or support, or property settlement in lieu thereof
Confidentiality of Information
L shall not reveal info relating to the representation of a C unless C gives informed consent...or if it's permitted by (b)
(b) to prevent death or substantial bodily harm, to prevent crime or fraud that's reasonably certain to result in substantial injury to financial interests or property.
(c) L shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, info relating to representation of C
Conflict of Interests: Current Clients
Except as provided in (b), L shall not represent C if the representation involves a concurrent C.O.I.
A concurrent C.O.I exists if directly adverse or materially limited to another client, a former client, or a third person or by a personal interest of L
(b) Notwithstanding C.O.I, L may represent C if 1) L reasonably believes that L will be able to provide 1.1 & 1.3 to each affected C; 2) representation isn't prohibited by law; 3) representation doesn't involve assertion of claim by C1 against C2 in same litigation or other proceeding before a tribunal; and 4) informed consent in writing by each affected C
A conflict is said to involve direct adversity to the interests of a C if the L's conduct on behalf of one C requires the L to act against the interests of another current C
Conflict exists if representation of one C would be materially limited by another responsibility of the L.
Duties to Former Clients
L who has formerly represented a C in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former C unless former C gives informed consent in writing.
Imputation of C.O.I
Special C.O.I for Former and Current Government Officers and Employees
Organization as Client
Client w/Diminished Capacity
Declining or Terminating Representation
Duties to Prospective Client
Meritorious Claims and Contentions
Candor Toward the Tribunal
Fairness to Opposing Party and Counsel
Special Responsibilities of a Prosecutor
Truthfulness in Statements to Others
Communication w/Person Represented by Counsel
Dealing w/Unrepresented Person
Responsibilities of Partners, Managers, and Supervisory Ls
Responsibilities of Subordinate L
Solicitation of Clients
Reporting Professional Misconduct
What would you like to do?
Home > Flashcards > Print Preview