Lawyer Competence: Model Rule 1.1

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Match the ethical rules with their descriptions:

Rule 1.1 = Requires a lawyer to provide competent representation to a client, including legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Rule 5.4 = Addresses the professional independence of a lawyer, restricting fee sharing with nonlawyers and partnerships where nonlawyers engage in the practice of law. Rule 5.5 = Deals with the unauthorized practice of law and multijurisdictional practice, prohibiting practice in jurisdictions without admission, with exceptions for temporary practice. Rule 1.16 = Covers declining or terminating representation, outlining mandatory and permissive withdrawal conditions.

Match these concepts to the appropriate ethical rule:

Reasonable Belief of Consultation = The attorney-client relationship begins when a person reasonably believes that they are consulting a lawyer for the purpose of obtaining legal advice or representation. Competence Requirement = Lawyers are not required to have prior experience in all fields of law but must ensure they reach the necessary competency. Profit-Sharing = Lawyers cannot share legal fees with nonlawyers except under limited exceptions (such as retirement benefits or profit-sharing arrangements. Explicit Disclaimer = A clear and explicit disclaimer may prevent an attorney-client relationship.

Match the term with the most appropiate definition:

Pro Hac Vice = Temporary admission allowing an out-of-state attorney to practice law in a specific case before a court without being licensed in that jurisdiction. Rule 1.3 = Requires a lawyer to act with reasonable diligence and promptness in representing a client. Rule 5.1 = Requires a supervising attorney to make reasonable efforts to ensure that all lawyers in the firm comply with the Rules of Professional Conduct, including Rule 1.1 Rule 1.8(h)(1) = Prohibits a lawyer from making an agreement with a client that prospectively limits the lawyer’s liability for malpractice unless the client is independently represented in making the agreement.

Match each concept regarding client solicitation with its description:

Solicitation = Regulated to prevent undue influence and misleading advertising. Live Person-to-Person Contact = A lawyer may not solicit professional employment by live person-to-person contact unless the contact is with another lawyer, a family member, close friend, or prior professional relationship, or the lawyer is offering pro bono services without pecuniary gain. General advertising = Permitted if it is truthful and not misleading. Written communications = Must include 'Advertising Material' unless exempted. Signup and view all the answers

Match these concepts regarding attorney fees with their definitions:

Expenses = Costs incurred in the practice of law (e.g., court filing fees, expert witness fees). Costs are out-of-pocket expenses. Fees = A lawyer’s charge for legal services, often based on hourly billing or contingency arrangements. Fees are charges for legal services rendered. Contingency Fees = Must be reasonable and in writing and not allowed in divorce cases, child custody cases, or criminal case. Expert Witness fee = An example of expense. Signup and view all the answers

Match the confidentiality actions with the appropiate ruling

Rule 1.6(a) = A lawyer must not reveal information relating to representation unless the client consents or an exception applies. Rule 1.6(b) exception = A Lawyer may disclose confidential information if necessary to prevent : Death or substantial bodily harm - Fraud or crime using the lawyer’s services - Significant financial harm caused by fraud or crime - Compliance with court orders or law - Legal advice regarding the lawyer’s own compliance - Lawyer’s self-defense in a legal claim - Resolving conflicts of interest in firm transitions Prior crimes disclosures = A lawyer is not required to disclose a client’s prior crimes if the lawyer learned about them during representation. Rule 1.6(b)(1) = Permits disclosure to prevent reasonably certain death (including execution). Signup and view all the answers

Match the actions with the privilege

Privilege applies in court = Attorney-client privilege applies only when the dominant intent is seeking legal advice. Comunications not protected = Privilege protects communications, but not observations. For public use = Communications are not privileged if intended to be made public. Exception to the rule = Privilege does NOT apply if a client seeks legal advice to commit fraud. Signup and view all the answers

Match each Rule with it’s proper description:

Rule 1.2(a) = This states that settlement decisions belong to the client. Rule 1.14 = This allows lawyers to take protective action, including seeking a guardian if necessary, when a client has diminished capacity. Rule 1.8(e) = This allows modest gifts (e.g., food, transportation) for indigent clients in pro bono cases. Rule 5.7 = This determines whether the rules of [legal] professional conduct will apply to law-related services that are not legal services. Signup and view all the answers

Match each of the following ABA Model Rules with the correct topic that it covers:

Rule 7.1 = Communications Concerning a Lawyer’s Services Rule 7.2 = Advertising Rule 7.3 = Solicitation of Clients Rule 1.5 = Fees Signup and view all the answers

Match the descriptions with the appropriate term.

Work Product = Tangible or intangible material prepared in anticipation of litigation; can be fact or opinion based. Opinion Work Product = Attorney’s mental impressions, legal theories, and litigation strategy that is NEVER DISCOVERABLE. Fact Work Product = Non-opinion based work product that MAY BE DISCOVERABLE if the opposing party shows substantial need AND undue hardship in obtaining equivalent materials by other means. Federal Rule of Civil Procedure 26(b)(3) = Protects attorney work product, allowing discovery only if the requesting party shows substantial need and undue hardship. Signup and view all the answers

Match these concepts to the appropriate step when analyzing an attorney’s ethical obligations:

Step One = Did the Lawyer Provide Specific Legal Advice? Step Two = Did the Lawyer Establish an Attorney-Client Relationship? Step Three = Did the Lawyer Fulfill the Duty of Competence? (Rule 1.1) The end stage = Best Practices for Avoiding Competence Issues: If not competent decline representation clearly, refer client to attorney with expertise, or if providing limited legal guidance, explicitly state the limitation. Signup and view all the answers

Match each scenario with the correct answer:

Can an attorney include a nonlawyer in a law firm’s profit-sharing plan = If it is a part of a firm profit-sharing plan where it does not interfere with professional independence it may be allowed Attorney Taylor’s Competence Issue = Yes, because once Taylor provided specific legal advice, he formed an attorney-client relationship and had a duty under Rule 1.1 to provide competent representation. Systematic Presence in Another Jurisdiction = Rule 5.5(b) prohibits a lawyer from establishing a systematic and continuous presence in a jurisdiction where they are not licensed. Multijurisdictional Representation = Rule 5.5(c)(4) allows an attorney to engage in temporary practice if the work is reasonably related to their home-state practice. Signup and view all the answers

Match each rule with its corresponding description:

Rule 1.6 = Deals with confidentiality of information, outlining what is and isn't confidential as well as exceptions. Rule 1.8 = Involves conflicts of interest and business transactions with clients, including equity interest as payment and financial assistance to clients. Rule 1.15 = Concerns safekeeping property, particularly handling advance fees in trust accounts. Rule 2.1 = Permits a lawyer to refer to moral, economic, social and political factors when giving advice. Signup and view all the answers

Match the following scenarios with the relevant ethical considerations:

Disclosure for Self-Defense = An attorney revealed client confidences when testifying in a fraud case where the client and lawyer were co-defendants; this is a proper disclosure. Disclosure of Client’s Prior Crimes = A lawyer is not required to disclose a client’s prior crimes if the lawyer learned about them during representation. The Hourly Billing Controversy = A law firm may charge clients a higher hourly rate for contract lawyers than it pays them, provided the rate is reasonable and the work is billed as attorney time rather than as a firm expense. Waiver of Work Product = Voluntarily discloses the work product to a third party likely to share it with an adversary. Signup and view all the answers

Match the scenarios to the appropriate Rules:

Limiting Malpractice Liability = Rule 1.8(h)(1) Client Decision-Making in Settlements = Rule 1.2(a) applies. Sharing Fees with a Nonlawyer = Rule 5.4 applies unless there are limited exceptions such as retirement benefits or profit-sharing. Competence = Rule 1.1 Signup and view all the answers

Match the Rules with what they address regarding Fees:

Rule 1.5 = Prohibits contingency fees in domestic relations matters. Rule 1.8(a) = Rules of professional conduct concerning fees related to accepting equity in a company as compensation. Rule 1.15 = Requires lawyers to keep unearned fees in a trust account until earned. Signup and view all the answers

Match each case decision with its core holding:

Strickland v. Washington = Required a two-prong test to show ineffective assistance: deficient performance and prejudice. Hickman v. Taylor = Establishes the work product doctrine to protect materials prepared for litigation. Perdue v. Kenny = That courts may allow enhancements for exceptional performance, but they are rare and unusual. Evans v. Jeff D. = That a defendant in a civil rights case may condition settlement on the waiver of attorney’s fees. Signup and view all the answers

Match the situations to the rules:

Cannot stop working = Under rule 1.3 must act with reasonable diligence and promptness in representing client Supervising attorney assign an inexperienced associated to trial = Under rule 5.1 must ensure competent representation Can't limit liability for Malpractice = Under Rule 1.8 cannot occur without independent counsel Did an attorney fail to investigate mitigating evidence = Under Strickland v. Washington a defendant must show two elements to establish ineffective assistance of counsel. Signup and view all the answers

Match the concepts with their correct description.

Ancillary businesses = Law-related businesses Rule 5.7(b) = Defines law-related services as “services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a nonlawyer.” Rule 5.7(a) = Makes a lawyer subject to the Rules of Professional Conduct with respect to the provision of law-related services if the law-related services are provided either by the lawyer in circumstances that are not distinct from the lawyer’s provision of legal services to clients or by an entity controlled by the lawyer if the lawyer does not take reasonable measures to assure the person knows the services are not legal. Rule 1.8(a) = When a client-lawyer relationship exists with a person who is referred by a lawyer to a separate law-related service entity controlled by the lawyer, individually or with others, the lawyer must comply with Rule 1.8(a). Signup and view all the answers

Match the correct Pro Bono activity with the corresponding rule

Live Solicitation for Pro Bono Representation = Rule 7.3(a) because it prohibits live solicitation only if motivated by pecuniary gain. Flyer advertising = Rule 7.2 because advertising is permitted if truthful and not misleading. Not following Reality = Rule 7.1 cmt. , states firm names must reflect reality. Equity interest as payment = Rule 1.8(a), it is not required but advising independent legal counsel is preffered. Signup and view all the answers

Match the term with the definition

Contingency Fees & Risk Premiums = Since contingency fees are riskier, attorneys may charge a higher percentage Contingency fees = Must be reasonable. No written arrangements necessarily required but are highly recommended. Lodestar method = Reasonable number of hours × appropriate hourly rate = Lodestar method. hourly billing = An example of lawyer’s charge for legal services Signup and view all the answers

Match the terms

Attorney´s Duty = Lawyers must take reasonable efforts to prevent unauthorized disclosure (e.g., avoiding leaving files out in public settings). Contingency Fee = A lawyer may contract with a client for a reasonable contingent fee in a civil case. See Rule 1.8(i)(2). NO contingency fee = Under rule 1.5(d), because contingency fees are prohibited in domestic relations matter. Equity Interest as Payment = Under Rule 1.8(a) because attorneys may enter into business transactions with clients under the circumstances ( terms are fair and reasonable+advising independent legal counsel+consent or not). Signup and view all the answers

Match the following

For legal advice = Under Rule 1.15 Pro Bono client needs help = Rule 502(d) applies if help provide isn’t that much Client to make a fraud = Under rule 1.6 does not applies to the lawyer. 502(d) ORDER Effect = A court order can prevent waiver in subsequent litigation Signup and view all the answers

Matching according to Midterm Takeaways

Comply with jurisdictional rules = Under Multijurisdictional Practice (Rule 5.5) The Funds = Under Advance Fees & Trust Accounts (Rule 1.15); funds remain in trust until earned. Truthful Ads = Under Advertising (Rule 7.1 & 7.2); ads must be truthful and not misleading. Law firm names must accurately reflect firm composition. Disclosure = Under confidentiality: Lawyers must protect client information but may disclose in seven exceptions. Signup and view all the answers

Match terms to description.

Anticipation of litigation = An attorney represented a medical device company. While advising the company, the attorney routinely took notes during conference calls with executives and regulatory agencies. Disclosure of evidence tampering = A client confessed their plan to destroy evidence by disposing of a weapon used in a prior crime. The lawyer informed the police, leading to the client’s arrest before the weapon was discarded. Lawyer Self-Protection = A lawyer revealed client confidences when terstifying in a fraud case where the client and lawyer were co-defendants Prior crimes disclosure = A lawyer discovered that their client had previously committed a murder for which an innocent person was scheduled for execution. Signup and view all the answers

Match to the correct part:

Fact vs. Opinion Work Product = NEVER DISCOVERABLE; consists of attorney’s mental impressions, legal theories, and litigation strategy. Key Statutes = Federal Rule of Civil Procedure 26(b)(3) Rationale for the Work-Product Protection = The work-product doctrine originates from Hickman v. Taylor, where the Court held that materials prepared for litigation are protected from an adversary’s discovery request Rationale for the work = Were such materials open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten.” Signup and view all the answers

Rule for attorneys

Confidentialiy rule = A lawyer is not required to disclose a client’s prior crimes if the lawyer learned about them during representation. Duty = Lawyers must take reasonable efforts to prevent unauthorized disclosure (e.g., avoiding leaving files out in public settings). TheHourly Billing = A law firm may charge clients a higher hourly rate for contract lawyers than it pays them, provided the rate is reasonable and the work is billed as attorney time rather than as a firm expense. May be = Rule 502(d) applies if help provide isn’t that much Signup and view all the answers

Match the ethical rules with their corresponding descriptions:

Rule 1.16 = Addresses the circumstances under which a lawyer must or may decline or terminate representation, including mandatory withdrawal for ethical violations and permissive withdrawal under specific conditions. Rule 1.1 = Requires a lawyer to provide competent representation to a client, encompassing the necessary legal knowledge, skill, thoroughness, and preparation. Rule 5.4 = Restricts the sharing of legal fees with nonlawyers and prohibits partnerships with nonlawyers if the partnership's activities involve the practice of law, ensuring professional independence. Rule 7.3 = Regulates the solicitation of clients, prohibiting live person-to-person contact unless with other lawyers, family members, or those with prior professional relationships, while allowing truthful advertising. Signup and view all the answers

Match the legal terms with their definitions:

Pro Hac Vice = A temporary admission allowing an out-of-state attorney to practice law for a specific case without being licensed in the jurisdiction. Lodestar Method = A method for calculating attorney fees by multiplying the reasonable number of billable hours by an appropriate hourly rate, often used as a baseline for fee awards. Attorney-Client Privilege = A rule that protects confidential communications between a client and their attorney made for the purpose of seeking or providing legal advice. Work-Product Doctrine = A protection that shields materials prepared by an attorney in anticipation of litigation from discovery by opposing counsel. Signup and view all the answers

Match the scenarios with the relevant ethical rule or principle that applies:

Misleading Advertising = Rule 7.1 prohibits false or misleading communications about a lawyer’s services, including inaccurate claims about expertise or firm composition. Unauthorized Practice of Law = Rule 5.5 restricts practicing law in jurisdictions where one is not admitted, unless temporary practice exceptions like pro hac vice admission apply. Contingency Fee Restrictions = Rule 1.5 prohibits contingency fees in certain cases, such as divorce or criminal defense, ensuring fees are not based on specific outcomes in these sensitive matters. Client with Diminished Capacity = Rule 1.14 allows lawyers to take protective action, including seeking a guardian if necessary, for clients with diminished capacity. Signup and view all the answers

Match the lawyer actions with the potential ethical violation:

Failing to investigate mitigating evidence in a capital case = Potential violation of Strickland v. Washington test for ineffective assistance of counsel if it results in deficient performance and prejudice. Disclosing client confidences to defend against fraud charges = Permissible under Rule 1.6(b)(5) as it is necessary to establish a defense in a legal dispute involving the lawyer. Accepting equity in a company as compensation without advising independent counsel = Potential violation of Rule 1.8(a), requiring fair terms, advice to seek independent counsel, and informed consent in writing for business transactions with clients. Stopping work due to unpaid bills without proper withdrawal = Potential violation of Rule 1.3 regarding diligence and Rule 1.16 requiring proper withdrawal procedures to avoid prejudicing the client. Signup and view all the answers

Match the scenarios with the appropriate application of Rule 1.6 (Confidentiality of Information):

Client informs lawyer of intent to commit fraud = Lawyer may disclose information under Rule 1.6(b)(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another. Disclosure of Evidence Tampering = Rule 1.6(b) does NOT permit disclosure of potential evidence tampering. Lawyer discovers client committed prior, unrelated crimes = Lawyer is typically not required to disclose under Rule 1.6(a), which protects confidential information obtained during representation, unless future harm is involved. Disclosure to Prevent Wrongful Execution = Rule 1.6(b)(1) permits disclosure to prevent reasonably certain death (including execution). Signup and view all the answers

Match the given scenarios to the relevant Rules of Professional Conduct regarding accepting or terminating representation:

Client insists on using the lawyer’s services for crime or fraud = Lawyer must withdraw under Rule 1.16(a), as continued representation would violate ethics rules. Lawyer finds the client or cause repugnant = Lawyers should accept court appointments unless Rule 6.2 applies. Client insists on repugnant or fundamentally disagreeable actions = Lawyer may permissively withdraw under Rule 1.16(b) if representation becomes ethically problematic. Representation would impose an unreasonable financial burden = Lawyers should accept court appointments Rules 6.2, unless representation would violate professional rules. Signup and view all the answers

Match the activities with whether they constitute the unauthorized practice of law for an attorney only admitted in Florida but engaging in legal activities in California:

Interviewing witnesses by phone/email = Likely permissible, does not typically require local bar admission. Traveling to interview witnesses = Potentially a violation without temporary authorization. Appearing in mediation/arbitration = Potential violation without temporary authorization. Appearing in court = Violation unless pro hac vice admitted. Signup and view all the answers

Match the scenarios with their ethical outcomes regarding fees and billing:

Fee-Splitting with Nonlawyers = Generally prohibited except in cases such as retirement benefits or profit-sharing arrangements, to maintain lawyers' professional independence. Accepting Equity Interest as Payment = Permissible only if the terms are fair, the client is advised to seek independent legal counsel, and the client gives informed consent in writing per Rule 1.8(a). Charging Higher Hourly Rate for Contract Lawyers = Permissible as long as the rate is billed as attorney time and the overall charge is reasonable under Rule 1.5. Withdrawing unearned fees from a trust account = Violation of Rule 1.15, which requires lawyers to keep unearned fees in a trust account until earned. Signup and view all the answers

Match each scenario with the relevant guideline regarding advertising and solicitation:

Sending solicitation text to former clients = Permissible under Rule 7.3(b)(2) because it involves individuals with a prior professional relationship. Using misleading imagery in advertisements = Prohibited under Rule 7.1, as ads must be truthful and not misleading, and disclaimers do not cure false representations. Posting flyers with truthful information and indicating a location where the lawyer can be found = Permissible as truthful advertising, according to Rule 7.2. Using a firm name that suggests multiple partners when there is only one = Prohibited by Rule 7.1, as firm names must accurately reflect the firm’s composition. Signup and view all the answers

Match each situation with the relevant aspect of attorney competence:

Providing legal services in an emergency = May allow limited advice where referral is impractical, but caution is necessary. General practitioners handling specialized legal areas = Expertise is required in some specialized areas. Taking on a case in an unfamiliar area of law = A lawyer can achieve competence through study or association with a more experienced attorney. Failing to adequately prepare for a case = Inquiry, analysis, and use of professional methods are essential and required. Signup and view all the answers

Match the ethical rules with their descriptions related to conflicts of interest:

Rule 1.7 = Addresses conflicts of interest, requiring lawyers to avoid representation that could be directly adverse to another client or where representation may be materially limited. Rule 1.8 = Focuses on specific conflict of interest situations, including business transactions with clients and limitations on malpractice liability. Rule 1.9 = Deals with duties to former clients, ensuring lawyers do not represent another person in the same or a substantially related matter in which the former client’s interests are materially adverse. Rule 1.10 = Addresses imputed disqualification, where a conflict of interest involving one lawyer in a firm may disqualify the entire firm. Signup and view all the answers

Match the rules with their applications concerning clients with diminished capacity:

Rule 1.2 = Lawyers typically defer to the client on questions such as expenses to be incurred and concern for third persons who might be adversely affected. Rule 1.4 = Lawyers should explain the matter to the extent reasonably necessary to permit the client to make informed decisions. Rule 1.14 = Requires a lawyer to maintain a normal client-lawyer relationship as reasonably possible. Legal Actions = Lawyers are unable to take control over the client’s liberty or property has arisen only when a lawyer reasonably believes that it is not possible to adequately protect the client’s interests unless action is taken. Signup and view all the answers

Match the following scenarios with the relevant rule or legal principle:

Providing modest gifts to indigent clients in pro bono cases = Allowed under Rule 1.8(e). Entering into a business transaction with a client without advising them to seek independent legal counsel = Potentially violates Rule 1.8(a). Failing to keep unearned fees in a trust account = Violates Rule 1.15. Disclosing client confidences when testifying in a fraud case where the client and lawyer were co-defendants = May be proper under Rule 1.6(b)(5). Signup and view all the answers

Match the legal scenarios with the relevant ethical considerations:

A lawyer knows of a prior crime committed by the client, but not yet discovered by authorities = The lawyer is not required to disclose a client’s prior crimes if the lawyer learned about them during representation. A medical device company recall due to devices failing = No protective order because the notes were not prepared in anticipation of litigation. An attorney discloses their client's plan to destroy evidence = A lawyer who reveals client confidences when testifying in fraud is subject to discipline. A lawyer's discovery of a client having wronged someone scheduled for execution = Rule 1.6(b)(1) permits disclosure to prevent reasonably certain death (including execution). Signup and view all the answers

Match the description to the concept

Ancillary Businesses = Involve lawyers in the delivery of services that are not legal services. Reasonable Measures of Assurances = Take reasonable measures to assure that a person obtaining the law-related services knows that the services are not legal services and that the protection of the client-lawyer do not exist. Express Agreement = A signed engagement letter or verbal agreement creates the relationship. Implied Conduct = Even without a formal agreement, an attorney client relationship can arise. Signup and view all the answers

Match descriptions to the type of the work needed:

Opinion Work Product = NEVER DISCOVERABLE; Consists of attorney’s mental impressions, legal theories, and litigation strategy. Fact Work Product = MAY BE DISCOVERABLE if the opposing party shows susbstantial need AND undue hardship in obtaining equivalent materials by other means. Anticipation of Litigation = If notes are routinely made, they might not be made in anticipation of litigation, which is required for work-product protection to attach. Waiver occurs when = The client or lawyer voluntarily discloses the work product to a third party likely to share it with an adversary. Signup and view all the answers

Match the terms to their descriptions:

Expenses = Costs Incurred in the practice of law (e.g., court filing fees, expert witness fees). Costs = Costs are out-of-pocket expenses. Fees = A lawyer’s charge for legal services, often based on hourly billing or contingency arrangements. Contingency Fees = Must be reasonable and in writing & not allowed in divorce cases, child custody cases, or criminal cases. Signup and view all the answers

Match the duties to the type of situation:

Lawyer Self-Protection = If the client and lawyer are co-defendants Supervisory Lawyer's Duty = Partners must ensure competent work from subordanates. General Fee Agreements = Written agreements are not always required but are highly recommended. Pro bono gifts = Modest gift may be accepted by clients. Signup and view all the answers

Match the rule with its example application:

Rule 1.5(d) = An attorney charging a fee contingent on obtaining a divorce is not allowed. Rule 1.8(i)(2) = Allow lawyers to contract with a client for a reasonable contingent fee in a civil case. Rule 7.3(a) = Prohibits live solicitation only if motivated by pecumiary gain. Rule 7.1 = A lawyer may post flyers with truthful information and indicate a location where they can be found. Advertising is permitted if truthful and not misleading. Signup and view all the answers

Match the action with appropriate Rule.

Client shares information for public filing = Communications are not privileged if intended to be made public. Non-verbal observations can be privilaged. = False. Only communications can be be protected. Client seeks legal assistance for fraud = Privilege does NOT apply if a client seeks legal advice to commit fraud. Advance Legal Fees and Trust Accounts = Rule 1.15 requires lawyers to keep unearned feees in a trust account until earned. Signup and view all the answers

Match the Rule to it's description:

Rule 1.14 says. = Lawyers must not reveal information relating representation unless the client consents or an exception applies. Rule 1.6(b) = A lawyer may disclose confidential information if necessary to prevent Death or susbtantial bodily harm, Fraud or crime using the lawyer’s servies, etc. Federal Rule of Evidence 502(g)(2) = Work Product consists of tangible or intangiable material perpared in anticipation of litigation. Federal Rule of Evidence 502(d) = A federal court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court—in which event the disclosure is also not a waiver in any other federal or state proceeding Signup and view all the answers

Match the description to the phrase.

Law Firm Billing for Contract Lawyers' Work = A law firm may bill a client for work Performed by outside contract lawyers at a rate higher than the amount paid to those lawyers. Reasonableness of Fees = The total amount charged to the client must be reasonable under ABA Model Rule 1.5(a) Legal services = Be billed as Legal services, not as a reimbursable expenses. Transparency and Ethical Compliance = While a written fee agreement is not strictly required for this arrangement, best practices encourage clear communication with the client about billing structures. Signup and view all the answers

Match the scenario to the potential attorney violation.

Advertising = Use caution to comply with soliciation rules Soliciting Clients = Live solicitation is prohibited unless an exception applies: Former clients may be solicited. Pro bono solicitiation is generally allowed, etc. Attorney-Client Privilege = Potentially cannot claim priveledge. Signup and view all the answers

Link Legal Concepts to the Rule.

Rule 1.3 = Lawyers must act with reasonable diligence and promptness in representing a client, A lawyer cannot unilaterally stop working on a client’s case solely due to nonpayment unless they properly withdraw under Rule 1.16 Inadvertent Formation = A lawyer-client relationship is established if the client reasonably relies on legal advice. Reasonably Necessary = Lawyers are not required to have prior experience in all fields of law but must ensure they reach the necessary competency. Duties = Duty begins with a signed agreement, then falls onto the lawyer to provide competent representation. Signup and view all the answers

Link Legal Principles to Scenarios

Client control = Settlement decisions belong to the cilent. Inexperience = Partners must ensure competent work from subordinates. Multijurisdictional Practice = Unlicensed attorneys must comply with jurisdictional rules. Contingency Fee = Clients be sure to advise independent legal counsel. Signup and view all the answers

Match the rule with one of its applications!

Client seeks to use lawyer’s services for crime or fraud. = Lawyer must withdraw , as continued representation would violate ethics rules. Lawyer finds the client or cause repugnant = Lawyers should accept court appointments unless Rule 6.2 applies. Client insists on repugnant or fundamentally disagreeable actions = Lawyer may permissively withdraw if representation becomes ethically problamatic. Representation would impose an unreasonable financial burden. = Lawyers should accept court appointments Rules 6.2 applied, unless representation would violate professional rules Signup and view all the answers

Match the type of legal service with the corresponding rule that might apply:

Representing a client in court = Rule 1.1 (Competence) and Rule 1.3 (Diligence) Drafting a will for a client = Rule 1.4 (Communication) and Rule 1.6 (Confidentiality) Negotiating a contract = Rule 1.2 (Scope of Representation) and Rule 4.1 (Truthfulness in Statements to Others) Providing general legal advice = Rule 2.1 (Advisor) Signup and view all the answers

Match the type of attorney conduct with the potential ethical violation:

Revealing confidential client information = Violation of Rule 1.6 (Confidentiality of Information) Failing to diligently represent a client = Violation of Rule 1.3 (Diligence) Soliciting clients in person for profit = Violation of Rule 7.3 (Solicitation of Clients) Charging an unreasonable fee = Violation of Rule 1.5 (Fees) Signup and view all the answers

Match the scenario with the likely outcome regarding the attorney-client relationship:

Attorney provides specific legal advice during a consultation = Attorney-client relationship is likely formed; ethical duties attach. Attorney explicitly disclaims providing legal advice = No attorney-client relationship; no immediate ethical duties. Client reasonably relies on the attorney’s legal advice = Attorney-client relationship can be implied. Attorney clearly refuses to review a contract due to lack of competence = Disclaimer might be more effective in preventing a relationship. Signup and view all the answers

Match the hypothetical situation with the relevant rule regarding attorney competence:

An attorney lacks expertise in a specialized legal area = Must decline representation or associate with a specialist (Rule 1.1). Attorney fails to conduct adequate research and preparation = Violates Rule 1.1 (Competence). Lawyer provides incorrect advice = Violates Rule 1.1 (Competence). Lawyer does not explicitly states limitations and advise to seek a specialist = Violates Rule 1.1 (Competence) Signup and view all the answers

Match the circumstance of an attorney with the applicable rule regarding competency:

Hired for a case outside their expertise = Must associate with a competent attorney or decline (Rule 1.1). Suffers from a mental condition impairing their ability = Required to withdraw from representation (Rule 1.16(a)). Client insists on using the lawyer’s services for a crime = Must withdraw from representation (Rule 1.16(a)). Fails to maintain competence = Violation of Rule 1.1 (Competence). Signup and view all the answers

Match the lawyer conduct with its corresponding Rule 1.16 description regarding terminating representation:

Representation results in violating ethics rules = Mandatory withdrawal. The lawyer’s condition impairs their ability = Mandatory withdrawal. Client fails to fulfill obligations = Permissive withdrawal. Withdrawal causes significant harm to client = Lawyer may not withdraw. Signup and view all the answers

Match the attorney conduct with the possible ethical issue:

Engaging in legal activities in a jurisdiction where not licensed = Potential violation of Rule 5.5 (Unauthorized Practice of Law). Establishing a systematic presence in a jurisdiction where not licensed = Violation of Rule 5.5 (Unauthorized Practice of Law). Failing to act with reasonable diligence = Violation of Rule 1.3 (Diligence). Supervising attorney does not ensure competent representation by inexperienced associate to trial = Violates Rule 5.1 (Supervisory Lawyer’s Duty) and possibly Rule 1.1 Competence Signup and view all the answers

Match the attorney behavior with the relevant exception regarding unauthorized practice of law:

Associated with a local attorney in another jurisdiction = Allowed temporary legal services under Rule 5.5(c). Temporary practice because the work is reasonably related to their home-state practice. = Allowed temporary legal services under Rule 5.5(c). Reasonably expects to be admitted pro hac vice = Allowed temporary legal services under Rule 5.5(c). Provides continuous in-house counsel services to an employer. = Allowed temporary legal services under Rule 5.5(c). Signup and view all the answers

Match the advertising method with its permissibility under the Rules:

Live solicitation of a potential client for pecuniary gain = Generally prohibited under Rule 7.3. General advertising that is truthful and not misleading = Permitted under Rule 7.1 and 7.2 if truthful and not misleading. Community flyer advertising with truthful information = Permitted under Rule 7.2. Misleading Advertising on Website with a disclaimer = Violates Rule 7.1 even with a disclaimer Signup and view all the answers

Associate the scenario with potential violations regarding client solicitation:

Soliciting former clients through text message = Permitted as former clients have a prior professional relationship (Rule 7.3(b)(2)). Live solicitation for pro bono representation = Permitted as pecuniary gain is not significant (Rule 7.3(a)). Solicit former clients using publicly available police records = Generally prohibited under Rule 7.3 Ads must not imply experience lawyers do not have = Ads must be truthful and not misleading. Signup and view all the answers

Match the billing practice with its ethical consideration:

Charging a higher hourly rate for contract lawyers than paid = Permissible if the rate is reasonable and billed as attorney time (Rule 1.5). Refusing to work due to non-payment = Must properly withdraw under Rule 1.16. Charging clients a higher hourly rate for contract lawyers than the amount paid to those lawyers = Proper management and billing process Not memorializing the fee agreement in writing = Not required unless contingency or fee-split, but a good practice Signup and view all the answers

Match the fee or payment structure with its permissibility:

Fee contingent on obtaining a divorce = Prohibited by Rule 1.5(d). Accepting equity in a company as compensation = Allowed if terms are fair, client is advised, and consents in writing (Rule 1.8(a)). Contingency fees in civil cases = Permissible as long as it's reasonable (Rule 1.8(i)(2)) Firm bills a client for work performed by outside contract lawyers at a rate higher than the amount paid to those lawyers = Reasonableness of Fees Signup and view all the answers

Match the action to the relevant rule concerning client property and funds:

Providing financial assistance to a pro bono client = Permitted with modest gifts (Rule 1.8(e)). Withdrawing unearned fees from a trust account = Prohibited; fees must remain in trust until earned (Rule 1.15). Handling of Advance Fees = Must keep in safe keeping property Rule 2.1 = permits a lawyer, when giving advice to a client, to refer other considerations such as moral, economic, social and political factors Signup and view all the answers

Match the communication scenario with its privilege status:

Client communicates in front of non-privileged third party = The privilege is waived Communications are not privileged if intended to be made public = The privilege is waived Willingly showing privileged communication to a third party = Loss of protection Seeking Legal Advice Requirement = Only applies if the primary interest is to seek legal advice Signup and view all the answers

Match the attorney’s action with its consequence concerning the waiving of attorney-client privilege:

Disclosing a report to the DOJ = Waives privilege unless protected (FRE 502(d)). Privileged emails disclosed in one case = Use in another case depends on court order (FRE 502(d)). Disclosing a client’s general business inquiry = Depends if primary intent seek legal advice. Seeking legal assistance for fraud = Waiver of attorney-client privilege Signup and view all the answers

Match the scenario involving a client with diminished capacity with the appropriate ethical action a lawyer should take:

Client With Diminished Capacity = Lawyers can take protective action. Lawyer’s Duty = Consider moral, economic, social factors Takeaways for the Midterm = Clients control settlement and fundamental objectives Diminished Capacity = Lawyers can take protective action, including seeking a guardian if necessary Signup and view all the answers

Associate the situation with the application of attorney-client privilege or work product doctrine:

Revealing client confidences when testifying in a fraud case = Permitted if necessary to defend the attorney (Rule 1.6(b)(5)). Information provided to an attorney for the purpose of making it public = Is not privileged Communications are not privileged if intended to be made public = Is not privileged An attorney's notes taken during advice calls = Not protected if not in anticipation of litigation. Signup and view all the answers

Relate the concept with its appropriate detail about Work Product:

Opinion Work Product = Consists of attorney’s mental impressions, legal theories, and litigation strategy Waiver of Work-Product Protection = Voluntarily discloses the work product to a third party likely to share it with an adversary Work product = Tangible or intangible material prepared in anticipation of litigation Fact Work Product = MAY BE DISCOVERABLE if showing substantial need AND undue hardship Signup and view all the answers

Match the attorney's reaction with potential disciplinary actions given disclosure of a client’s crimes:

A lawyer is not required to disclose a client’s prior crimes = No discipline Lawyer is required to disclose of a client’s prior crimes = Subject to discipline Lawyer discovers the client had committed prior murder and discloses = No discipline Lawyer discovers client plans to destroy evidence = Subject to discipline Signup and view all the answers

Flashcards

Business vs. Profession (Law)

The legal profession has responsibilities beyond economic interests, holding special roles, responsibilities, and privileges regulated to protect the public and lawyers.

When does attorney-client relationship commence?

An attorney-client relationship begins when a person reasonably believes they are consulting a lawyer for legal advice, and the lawyer agrees expressly or impliedly.

Implied Attorney-Client Relationship

The relationship can be implied if the client reasonably relies on the attorney’s legal advice, even without a formal agreement.

When does attorney-client relationship end?

An attorney-client relationship ends when the representation is completed, the client fires the lawyer, the lawyer withdraws, or a court intervenes.