4753-mpre.csv

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94576
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4753-mpre.csv
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2011-07-19 18:12:05
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MPRE
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MPRE cards
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  1. Front
    Back
  2. Can a lawyer act as both lawyer and witness in a proceeding?
    "Yes. The general rule is that a lawyer shall not act as an advocate in a proceeding where the lawyer is likely to be a witness
  3. What exceptions allow a lawyer to act as both advocate and a witness in a proceeding?
    "(1) If the testimony relates to an uncontested issue
  4. "What type of sexual relationship
    if any
  5. Who is the client when representing an business organization?
    "The entity is the client
  6. Can a lawyer accept attorneys fees from a third party?
    "Yes. When a lawyer receives attorneys fees from someone other than the client
  7. "What is the lawyer's duty if the fact that the lawyer represents the entity and not its directors
    employees
  8. May a lawyer represent BOTH the entity and its employees?
    "Yes
  9. May a lawyer represent BOTH an entity and its directors?
    "No
  10. What should the lawyer do if she believes that the entity she is representing is violating the law?
    "The lawyer must act as reasonably necessary to protect the corporation. The lawyer can (1) ask the corporation to reconsider the matter
  11. When does a lawyer have a conflict with a former client?
    When the current representation is substantially related to the former representation and the lawyer would be materially adverse to the former client in the current representation OR if the lawyer is adverse to the former client and the attorney received
  12. What is the Duty of Competence?
    A lawyer has a duty to provide competent representation to a client. This means that the lawyer must act with reasonable diligence and promptness in representing a client.
  13. Can a lawyer limit malpractice liability?
    "The general rule is that a lawyer would be subject to discipline for limiting his malpractice liability
  14. Can a lawyer settle malpractice claims?
    The lawyer can only settle a malpractice claim if the client is advised IN WRITING to seek the advice of another lawyer.
  15. Must a lawyer follow the client's instructions?
    "Yes. A lawyer has a duty to follow the clients instructions. The general rule is that the client controls the ENDS
  16. What part of the representation does the client control?
    "The client decides (1) Whether or not to sue in civil cases
  17. Does the lawyer owe a client a duty to keep them informed?
    "Yes. The lawyer must keep the client reasonably informed as to the status of the case
  18. Can an attorney limit the objectives of his representation?
    "Yes. The lawyer may limit the representation only to the appeal
  19. What are some guidelines for lawyers representing clients with disabilities?
    An attorney who represents a client with a disability must (as much as possible) maintain a normal attorney-client relationship. An attorney may seek the appointment of a guardian if the lawyer reasonably believes the client cannot represent their own in
  20. What information is protected as confidential?
    ANY information that an attorney learns relating to representation of the client or a prospective client.
  21. What duties does an attorney have regarding confidential information?
    It cannot be revealed or used to the client's detriment.
  22. Are there exceptions to the duty of confidentiality?
    Yes.
  23. When MAY a lawyer reveal client confidences without violating the ethical duty of confidentiality?
    "The lawyer may reveal client confidences if (1) The client consents
  24. When MUST a lawyer reveal client confidences without violating the ethical duty of confidentiality?
    When the disclosure of such information is required under court order.
  25. "What should a lawyer do with the fruits or instrumentalities of a crime (the money
    the weapon)?"
  26. How should a lawyer deal with the knowledge that a client has willfully committed perjury?
    "The lawyer MUST (in this order) (1) Encourage the client to rectify the fraud
  27. How should the lawyer deal with the knowledge that a client is GOING TO commit perjury?
    "The lawyer must (1) encourage the client NOT to commit perjury
  28. How can a lawyer protect the integrity of the system?
    "The lawyer has a duty to prevent abuse to the system
  29. Is there any circumstance where a lawyer may present a claim where there is no law that supports his position?
    "Yes. A lawyer cannot make frivolous arguments
  30. What three things should a lawyer NOT do in order to prevent abuse of the system?
    "A lawyer shall not (1) seek to influence a judge or jury in a manner prohibited by law
  31. What should the lawyer be sure to NOT do in order to uphold honesty toward the tribunal?
    "An attorney shall not (1) make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made by the lawyer to the tribunal
  32. What 2 things must the lawyer do to uphold honesty with the tribunal?
    "An attorney shall (1) disclose adverse legal authority that is on point and from the controlling jurisdiction
  33. What MUST the lawyer NOT to in order to uphold their duty of fairness to the opposing party?
    "The lawyer shall not (1) obstruct another person's access to evidence or unlawfully alter
  34. What are impermissible trial tactics?
    An attorney shall not allude to any matter that is not supported by admissible evidence and shall not assert personal knowledge about the justness of a cause of action (unless testifying as a witness).
  35. What are the Special Duties of Prosecutors?
    "(1) Only prosecute where there is probable cause
  36. When may a prosecutor subpoena another lawyer to testify in a matter?
    "If the prosecutor believes that the information sought is not protected from disclosure (or confidential)
  37. "How many hours of pro bono work
    if any
  38. "May a lawyer serve as a director
    officer
  39. What are some guidelines for when or how a lawyer may advise a client who has informed the lawyer of potential illegal activity?
    "An attorney shall not counsel a client to engage in
  40. May a lawyer give advice other than legal advice to a client?
    "Yes. A lawyer SHALL give candid advice and MAY refer not only to the law
  41. Who regulates the practice of law?
    The States regulate all aspects of the pracatice of law. There is no national licensing authority for attorneys. Each State has its own bar and own requirements for admission to practice law.
  42. "What obligation
    if any
  43. Who may practice law in a State?
    "Every State restricts the practice of law to those who are admitted to the bar of that State. (Exceptions: Pro hac vice - appearing in a court of another state in which the lawyer is not admitted
  44. Can a State restrict who may practice law in their State?
    Yes. Each State may restrict the practice of law only to those admitted to the bar of their State.
  45. What are acceptable standards for admission to a State's bar?
    "Any standard is acceptable as long it has a reasonable relationship to fitness to practice law. (Education
  46. What are NOT acceptable reasons to limit someone from becoming a member of a State's bar?
    "(1) Citizenship qaulifications (a state cannot require that someone be a citizen of the United States
  47. When can someone (who otherwise would be admitted under the other standards) be limited from practicing law in a State?
    "If they make false statements to the bar
  48. "What does it mean to have ""good moral character?"""
    "Although there is no precise definition
  49. What is the unauthorized practice of law?
    "Although no precise definition
  50. Why does the bar regulate the unauthorized practice of law?
    To protect people from receiving and paying for services from an unqualified person.
  51. Who can appear in court?
    "Only lawyers can appear in court (Exceptions: PRO PER (anyone can represent themself if they want)
  52. Can Corporations represent themselves in court without an attorney?
    "No. A Corporation is an exception to the general rule that people can choose to represent themselves. A Corporation MUST ALWAYS have a lawyer. This lawyer
  53. Who can draft legal documents?
    Only lawyers can draft legal documents. (Exceptions: People can draft their own legal documents or an attorney can create a form for which non-lawyers can just fill in the blanks.)
  54. Who can give legal advice?
    "(This is hard to implement) - Use common sense. If it is a task usually done by a non-lawyer
  55. What can't a lawyer do because it would be considered the unauthorized practice of law?
    "(1) An attorney cannot aid a non-lawyer in activities that constitute the unauthorized practice of law
  56. "What does it mean to ""aid a non-lawyer in the unauthorized practice of law?"""
    A lawyer cannot help a non-lawyer represent someone else. (Exception: A lawyer CAN help a pro per person represent themself)
  57. When can a lawyer appear in a jurisdiction where she is not admitted to practice law?
    When she appears Pro Hac Vice (with the courts permission); OR if the reason for the appearance in another jurisdiction arises out of her practice in the jurisdiction where she IS admitted.
  58. When is it permissible for a lawyer to split legal fees with a non-lawyer?
    "A lawyer may use his legal fees to pay his employees or make contributions to employees pension plans
  59. How can the bar ensure compliance with its rules?
    Attorneys can be subject to discipline for certain conduct.
  60. What conduct COULD subject a lawyer to discipline?
    "(1) Violating a rule of professional conduct (model rules are the minimum standard)
  61. What duty does a lawyer have to subordinates?
    A lawyer has a duty to make reasonable efforts to supervise subordinates and make sure that they comply with the code of professional responsibility.
  62. What duty does a lawyer have with regard to their superior?
    "A subordinate lawyer has a duty to make individual judgments. A lawyer may
  63. What responsibilities does a lawyer have when another lawyer violates an ethical rule?
    "Lawyers are responsible for the misconduct of others. If a lawyer gives an order to do something unethical
  64. What is the lawyer's duty to accept representation?
    "There is no duty to accept representation. A lawyer can choose their clients however they wish. Exception: If the court appoints you to a case
  65. When can a lawyer refuse to accept court appointed representation?
    "A lawyer does not have to accept court appointed representation if (1) Representing the client is likely to result in a violation of law or disciplinary rule
  66. When does a lawyer have a DUTY to REJECT representation?
    "(1) If the representation would result in a violation of law or disciplinary rule
  67. "If the client asks a lawyer to something illegal or violate a disciplinary rule
    must the lawyer withdraw from representation?"
  68. Is filing a claim that is inconsistent with the law a friviolous claim?
    Not necessarily. A lawyer can file a claim that is inconsistent with current law as long as there is a good faith belief that the law could be changed.
  69. What does it mean for a lawyer to not be competent to handle a matter?
    "If a lawyer does not believe that they are competent to handle the matter
  70. What can an incompetent lawyer do in the case of an emergency?
    An incompetent lawyer may accept representation in order to protect the situation until the client is able to find a competent lawyer.
  71. What is the ONE requirement that is mandatory for ALL withdrawals (permissive or mandatory)?
    "If a matter is in litigation
  72. When MAY a lawyer withdraw from representation?
    "(1) When the client pursues a course of action that the lawyer believes is criminal or fradulent
  73. "If a lawyer is withdrawing (mandatorily or permissibly)
    what are the requirements?"
  74. When MUST an attorney withdraw from representation?
    "(1) When it becomes obvious that the client's primary purpose is to harass or delay
  75. What are the attorney's duties to the client?
    "(1) Duty to avoid conflicts of interest
  76. What is the duty to avoid conflicts of interest?
    "A lawyer may not represent a client if the representation of the client may be materially limited by the lawyer's responsibilities to another client
  77. When can a lawyer continue with representation even when a conflict of interest is present?
    "A lawyer may continue with representation IF (1) the lawyer reasonably believes that the representation will not be adversely affected
  78. What happenes when a lawyer works in a firm and one lawyer in that firm has a client that is in conflict with another client wanting to be represented by that firm?
    "if one attorney in a firm is disqualified
  79. When is it ok for a lawyer of a firm to represent a client even when another lawyer in that same firm has a conflict of interest?
    "If the disqualified lawyer is from a government agency or is a former judge and they are disqualified because of the work that they did in that governmental agency or on the bench
  80. What different kinds of conflicts may the attorney be presented with?
    "(1) Conflicts among current clients
  81. When may a lawyer sue a current client?
    Never. An attorney may not sue a current client even if in an unrelated matter. (This would be a breach of the duty of loyalty)
  82. When can an attorney represent multiple clients in the same law suit?
    An attorney may represent multiple parties in the same proceeding as long as the attorney can represent all of the clients effectively AND so long as all clients consent in writing.
  83. Can an attorney participate in an aggregate settlement or guilty plea?
    An attorney shall not participate in an aggregate settlement or guilty plea UNLESS each client consents in writing after being informed of ALL OTHER agreements.
  84. Can a lawyer act as a neutral third party between two clients?
    "Yes. For example
  85. Can a lawyer provide an evaluation for someone other than the client?
    "Yes
  86. What are the rules surrounding a lawyer receiving a gift from the client?
    A lawyer shall not SOLICIT a substsantial gift from the client or prepare an instrument giving the lawyer or a person related to the lawyer a substantial gift from the client.
  87. When can a lawyer receive a substantial gift from the client?
    Where the client is related to te lawyer.
  88. Can a lawyer write a will for a client in which the lawyer is named the beneficiary?
    "No
  89. "What type of financial assistance
    if any
  90. Can a lawyer create a business deal with a client?
    "Business deals between a lawyer and client are always looked at with suspicion. However
  91. Can a lawyer obtain media or literary rights to a client's story?
    "Yes
  92. Can a lawyer obtain a proprietary interest in the cause of action or subject of litigation?
    "No. However
  93. When might a lawyer be able to obtain a proprietary interest in the subject of litigation?
    When a contingency fee is allowed and the interest would be obtained as a reasonable contingency fee.

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