Is the simple act of hiring an attorney enough to give apparent authority?
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- In most situations, yes.
- BUT it might not be enough in situations where C makes the final decisions
When are contingent fees NOT allowed?
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- Criminal cases
- Domestic relations cases (but allowed in collections cases)
,Define "Client"
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- Anyone seeking lawyer's legal services
What can COIs result in?
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- Discipline
- Disqualification from the case
- Malpractice liability
If a judge finds that you were discriminating when you struck a prospective juror from
consideration, are you subject to discipline?
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- No you are not subject to discipline based on that judge's ruling alone
- there must be other evidence of discrimination
Is it okay to speak in hypos?
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- Generally okay
- So long as no reasonable likelihood they'll be able to figure out who or
, what you're talking about
Define "communication"
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information passed between lawyer and client for the purpose of obtaining
legal assistance for the client
What does "interfering with the administration of justice" mean?
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"Don't get in the way of justice."
- cannot destroy evidence
Who enforces the Rules?
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- Courts
- Bar associations
- Disciplinary associations
- Congress + State legislatures help to some degree as well
Permissive Disclosure
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- Prevent death or substantial bodily harm
- Prevent/rectify substantial financial injury to another IFFF L services were
used in furtherance of crime/fraud
- Defend self in dispute concerning L's conduct
- Obtain legal ethics advice (wanna know if they're violating Rules)
- Detect + resolve conflicts of interest due to change of employment,
merger, or sale of practice (there needs to be a discussion of matters
handled by firm AFTER substantive decisions about the merger, sale, etc.
have begun)
- Comply with court order or law
All fees must be reasonable. What factors are used to evaluate the reasonableness of
fees?
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- Time + labor
- complexity
- nature of relationship (is C a family member or friend?)
- fixed or contigent fee
Do the RPC differentiate b/w two clients being "economic adversaries" and "legal
adversaries"?
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YES
- two different concepts
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- In most situations, yes.
- BUT it might not be enough in situations where C makes the final decisions
When are contingent fees NOT allowed?
Give this one a try later!
- Criminal cases
- Domestic relations cases (but allowed in collections cases)
,Define "Client"
Give this one a try later!
- Anyone seeking lawyer's legal services
What can COIs result in?
Give this one a try later!
- Discipline
- Disqualification from the case
- Malpractice liability
If a judge finds that you were discriminating when you struck a prospective juror from
consideration, are you subject to discipline?
Give this one a try later!
- No you are not subject to discipline based on that judge's ruling alone
- there must be other evidence of discrimination
Is it okay to speak in hypos?
Give this one a try later!
- Generally okay
- So long as no reasonable likelihood they'll be able to figure out who or
, what you're talking about
Define "communication"
Give this one a try later!
information passed between lawyer and client for the purpose of obtaining
legal assistance for the client
What does "interfering with the administration of justice" mean?
Give this one a try later!
"Don't get in the way of justice."
- cannot destroy evidence
Who enforces the Rules?
Give this one a try later!
- Courts
- Bar associations
- Disciplinary associations
- Congress + State legislatures help to some degree as well
Permissive Disclosure
, Give this one a try later!
- Prevent death or substantial bodily harm
- Prevent/rectify substantial financial injury to another IFFF L services were
used in furtherance of crime/fraud
- Defend self in dispute concerning L's conduct
- Obtain legal ethics advice (wanna know if they're violating Rules)
- Detect + resolve conflicts of interest due to change of employment,
merger, or sale of practice (there needs to be a discussion of matters
handled by firm AFTER substantive decisions about the merger, sale, etc.
have begun)
- Comply with court order or law
All fees must be reasonable. What factors are used to evaluate the reasonableness of
fees?
Give this one a try later!
- Time + labor
- complexity
- nature of relationship (is C a family member or friend?)
- fixed or contigent fee
Do the RPC differentiate b/w two clients being "economic adversaries" and "legal
adversaries"?
Give this one a try later!
YES
- two different concepts
