MPRE

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  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?
    NO
  5. Does L-C privilege exist during grand jury proceedings?
    YES
  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?
    NO
  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
Author
ID
95767
Card Set
MPRE
Description
MPRE
Updated
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