TEST.
1. Do you have a duty
NO to volunteer
facts that might
help the other
side?
2. Do you have a Yes -must inform the court of all material facts that will enable it to make
duty to inform an informed decision
for ex parte
proceed- ings?
3. Must not
Representing a defendant in a criminal
charge a
case In a domestic relations case
contingent fee
when...
You can in a domestic relations case if collecting a post-Judgment
balance
4. Your may pay......of Reasonable fees
an expert witness 7. Can you limit your malpractice liabili- ty in
advance?
5. Can you have
sex- ual
relations with
your client?
6. Do you need to
re- fund all
unearned fees
and expenses if
paid in
advance and
fired?
, MPRE MAXIMIZER PRACTICE REVIEW
TEST.
uch fees may never be contingent
on the content of testimony
or the outcome of the case
enerally no -you can if a
consensual relationship
already existed when the
representation started
es
ou generally don't need to refund
a true retainer fee
ou must not limit malpractice
liability
ou can if the client is
independently represented in
making the agreement
, MPRE MAXIMIZER PRACTICE REVIEW
TEST.
8. Do you need Yes -before or within a reasonable time after the representation begins
to Do not need to repeat yourself if you have regularly represented that
communicate client in the same type of matter and will be charging the client on the
the basis of the
same basis or rate
fee to the
client?
A judge must not testify as a character witness.
9. Can judges
Judge can do so only if duly summoned by a subpoena
testi- fy as
character wit-
nesses?
Yes but
10. Can you refer Must not be exclusive and the referred client must be informed of the
a client to a existence and nature of the agreement
lawyer
pursuant to a
reciprocal
referral No
agreement? When representing a criminal defendant you can require the prosecutor
to prove
11. Can you bring/
de- fend a
frivolous
proceeding or take every element
a frivolous posi-
tion?
12. Limiting scope Fees
of
representation
13. Third Person
Pay- ing
Client's Legal