Card Set Information

2011-08-03 18:33:14

Show Answers:

  1. When L learns of another L misconduct via privileged info:
    Must follow the wishes of the client. If C says don't say anything, then don't. Otherwise, L misconduct must be reported.
  2. When must fees be determined?
    A L must reach an early, clear agreement w/ the C about the L's fee unless the L has regularly represented the C in the past
  3. Duty of Care for speacialist
    Speacialist are held to a higher degree--> duty of care of other lawyers who specialize in the field in question
  4. Can a L free himself for malpractice liability?
  5. Does L-C privilege exist during grand jury proceedings?
  6. When is a L obligated to reveal confidential info to prevent the clinet from committing a crime or fraud?
    If the C is using or has used the L's services in the matter
  7. When can a L deposit money in a interest bearing account?
    If a L is asked to hold a large sum of money for a long period
  8. What must a L do if he believes his C will testify falsely?
    L must first try to persuade C to testify truthfully. If that fails, the L may seek to withdraw if that will remedy the situation

    *But if withdraw will not remedy the situtation, the L must disclose the situation to the crt
  9. Public statements about trial by L
    L connected w/ the case must not make a public statement outside the crt that the L reasonably should know would have a substantial likelihood of materially prejudicing a case

    A prosecutor must not make extrajudicial statements that have a substantial likelihood of heightening public condemnation of the accussed
  10. L when dealing w/ an unrepresented C on behalf of a C:
    A L must not give legal advice to the unrepresented person if the C's interest are likely to conflict w/ those of the unrepresented person
  11. Can a J go to spots that discriminate?
    Assuming the spot has engage in invidious discrimination, a J is subject to discipline for publicly manifesting approval of it
  12. Can a full time judge practice law?
  13. Communicating with a juror during a case:
    During the trial of a case NO L, whether or not connected w/ the case is allowed to communicate w/ a juror about the case
  14. Exception to L taking personal stake in subject matter in trial?
    If it's in the form of a contingent fee
  15. Can a L start a business w/ a non-L?
    Yes, if the business doesn't involve the practice of law
  16. When does a thing have potential evidentury value?
    If commencement of proceedings can be foreseen, the documents have potential evidentary value and cannot be destroyed