- Study guides, Class notes & Summaries

Judge Disqualification Waiver - correct answer OTHER than for bias/prejudice, judge may ask parties for waiver; parties discuss the waiver outside the presence of the judge Judge meeting separately with parties/lawyers - correct answer OK, with the consent of the parties, in an effort to settle matters pending before the judge Judge's Duty to Avoid Appearance of Impropriety - correct answer Basically, the judge must do anything to avoid looking sketchy. If they are put in a ...

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26 pages

Written in 2024/2025

Grade A+

KieranKent55

Mr 8.3(a) - correct answer if l knows another l has committed ethical violation that raises a substantial question as to honesty, trustworthiness, or fitness, l shall inform professional authorities Mr 8.3(c) - correct answer disclosure not required if information otherwise protected by rule 1.6 (confidentiality provision) Mr 1.6 - correct answer l must act competently to safeguard confidential information Mr 4.4(b) - correct answer l who receives a document and knows or reasona...

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7 pages

Written in 2024/2025

Grade A+

KieranKent55

An attorney who maintained a solo law practice entered into substantive discussions with a law firm about joining the firm. As part of these discussions, the attorney revealed the identities of her clients, their status as current or former clients, and the matters for which she represented them. The purpose of these revelations, which did not compromise the attorney-client privilege or otherwise prejudice the clients, was to detect conflicts of interest that would arise from the attorney joinin...

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325 pages

Written in 2024/2025

Grade A+

KieranKent55

An attorney admitted to the bar never practiced law, but instead took a job as a financial planner. After several years as a successful financial planner, one of the attorney's clients accused him of lying to her about the entities in which her funds had been invested. The attorney admitted that he had lied to the client but argued he had been acting in her best interest because she was overly risk averse. The attorney pointed out that the client had actually made more money for her than she ...

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11 pages

Written in 2024/2025

Grade A+

KieranKent55

A client asks his attorney to negotiate a sales contract. The client is pressed for time and offers the attorney twice her normal rate to expedite the request. The attorney is very busy but thinks the client will pay even more to compensate her. Over the phone, the attorney explains her workload predicament to her client and makes a counter-offer to negotiate the sales contract for a percentage of the sales price. The client agrees. Could the attorney be subject to discipline and for what? - ...

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18 pages

Written in 2024/2025

Grade A+

KieranKent55

Lawyer represented woman to raise the alimony and child support payments set in divorce decree. Husband refused to hire lawyer. Before the trial, husband called wife's lawyer and asked what standard would judge apply to the alimony case. Lawyer responded she is not his attorney, and cannot give him the legal advice, and urged him to hire his attorney. Husband said do not want attorney, and asked if wife and children really need more money to live. Lawyer responded that she had no personal in...

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6 pages

Written in 2024/2025

Grade A+

KieranKent55

A lawyer SHALL NOT settle a claim or potential claim for such liability with an unrepresented client or former client UNLESS (Rule 1.8) - correct answer That person is advised in writing of the desirability of seeking and is given reasonable opportunity to seek the advice of independent legal counsel in connection therewith A lawyer SHALL NOT acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client except that the lawyer MA...

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28 pages

Written in 2024/2025

Grade A+

KieranKent55

Attorney-client relationship — limiting malpractice liability vs. Settling malpractice claim - correct answer (1) lawyers must not enter into an agreement with a client to prospectively limit the lawyer's liability for malpractice unless independently represented by legal counsel. (2) lawyer must not settle a malpractice claim unless that client is: (a) independently represented by legal counsel or (b) advised in writing to seek (and is given a reasonable opportunity to seek) the a...

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41 pages

Written in 2024/2025

Grade A+

KieranKent55

Attorney-client privilege: who holds privilege - correct answer client holds the privilege and decides to claim or waive it, but lawyer must claim on client's behalf in client's absence. Attorney-client privilege: waiver of privilege - correct answer attorney, agent, or client can waive privilege by failing to object, or disclosing to third party. *major exceptions to attorney-client privilege* - correct answer 1. Aid in future crime or fraud 2. Attorney self-protection arisin...

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12 pages

Written in 2024/2025

Grade A+

KieranKent55

Which of the following statements regarding a lawyer's liability is false? - correct answer Which of the following does not constitute misconduct for which a lawyer can be subject to discipline? - correct answer conviction of minor traffic offense Which of the following statements regarding a lawyer's responsibility for misconduct by others is false? - correct answer a supervisory lawyer is not responsible for the conduct of non-professional employees. Which of the followin...

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11 pages

Written in 2024/2025

Grade A+

KieranKent55

Lawyers a and b work for the same law firm representing personal injury plaintiffs. A tells b One night after work that she is having a romantic relationship with a man who regularly supplies her with cocaine. When b replied that it was wrong to take cocaine during business hours, a laughed and said that the cocaine helps her put in long hours of work without the need to sleep and helps her to give more time to her clients and their problems. B recommends that a put herself into rehabilitation....

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27 pages

Written in 2024/2025

Grade A+

KieranKent55

Fairness to Opposing Party and Counsel - correct answer -Civility and courtesy are aspirational (but not required) Meritorious Claims and Contentions - correct answer -Lawyer must have good faith basis for actions; make only meritorious claims and contentions. Trial Publicity - correct answer 1) Lawyer connected with the case must not make a public statement outside courtroom that the lawyer reasonably should know would have a substantial likelihood of materially prejudicing the case...

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33 pages

Written in 2024/2025

Grade A+

KieranKent55

For the past five years, an attorney has represented an art dealer in the sale of many valuable paintings. One of the major transactions occurred three years ago, when the art dealer sold a landscape purportedly painted by Vincent van Gogh to an art museum for $23 million. The museum subsequently resold the painting for $35 million. Now the art dealer has asked the attorney to do the legal work in connection with the sale of another landscape, also a purported van Gogh. The proposed purchase pr...

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43 pages

Written in 2024/2025

Grade A+

KieranKent55

When lawyers are "of the same firm" they are allowed to - correct answer split fees If a lawyer intends to use a bribery to induce a judge - correct answer that lawyer is subject to criminal liability A lawyer must diclose directly adverse and binding legal authority, not - correct answer directly adverse and persuasive authority When a conflict exists, an attorney may represent both parties if - correct answer both parties consent, confirmed in writing A threat...

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5 pages

Written in 2024/2025

Grade A+

KieranKent55

True/false: a lawyer needs permission from an organization's counsel to talk to anyone with authority to obligate said organization. - correct answer true. True/false: you can give an unrepresented person legal advice if it's reasonably possible their interests will conflict with your clients. - correct answer false. True/false: if you receive information from someone that wasn't meant for you, you have no obligation to tell the sender. - correct answer false. Benji...

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49 pages

Written in 2024/2025

Grade A+

KieranKent55

Under mrpc 8.2(a), a lawyer must not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge. - correct answer Under mrpc 1.8(i), a lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may contract with a client for a reasonable contingent fee in a civil case. - correct answ...

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24 pages

Written in 2024/2025

Grade A+

KieranKent55

Generally, defining a "firm" - correct answer as a general rule, sharing space is NOT a firm but sharing information usualy is Formal, defining a "firm" - correct answer Lawyers who frequently consult, work together, and have access to each other's files Who is "in charge" of a law firm? - correct answer Only lawyers can be in charge of the law firm (as shareholders, partners, etc.) - exception would be temporary shareholder in the event of deat of a partne...

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18 pages

Written in 2024/2025

Grade A+

KieranKent55

A lawyer must act with reasonable - correct answer diligence and promptness in representing a client. As part of diligence duty, lawyer must control - correct answer workload Lawyer's duty to act with reasonable diligence does NOT - correct answer require incivility or use of offensive tactics Layer may agree to opposing party's reasonable reqeusts (extension of time, etc) as long as - correct answer does not prejudice the client Violation of RPC does not mean _...

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35 pages

Written in 2024/2025

Grade A+

KieranKent55

For many years a lawyer did business for a wealthy client. The client was recently injured in a car crash and she asked the lawyer to represent her as a plaintiff in the action against the driver that injured her. The lawyer has taken some business cases to trail but has never handled a pi case. The lawyer would like to help the client and also to generate some income. Which of the following would be an improper way from him to do so? - correct answer b. Refer the client to a competent p...

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30 pages

Written in 2024/2025

Grade A+

KieranKent55

1. An attorney has applied to make a lateral move from her firm to big firm, and she has already gone through the first two of three rounds of interviews for the position. Then the attorney agrees to represent a client in filing a breach of contract claim against construction company over a commercial development project. Big firm is representing construction company, and the firm's lawyers drafted the contract that forms the basis of the client's complaint. The client claims that construc...

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232 pages

Written in 2024/2025

Grade A+

KieranKent55