Final

Question 1

Solicitation

7.3

Answer 1

A Lawyer shall not by

• in-person;
• live telephone;
• or real-time electronic contact
• solicit professional employment from a prospective client
• when a significant motive for doing so is the lawyer’s pecuniary gain

Exceptions:

• another lawyer;
• family member;
• close personal friend; or
• former client.

A lawyer cannot use harassment or duress in soliciting any person falling into an exception and must cease the solicitation if asked by the person to do so.

[Direct Solicitation Involves:]

• A sales pitch
• via a direct contact
• to an already vulnerable person, and;
• pressure for an immediate response

Question 2

Duty of Competency

1.1

Answer 2

A lawyer must provide competent representation:

• the knowledge;
• skill;
• thoroughness; and
• preparation necessary for the representation

you can render yourself competent in your first case by: studying the law and/or getting a mentor to guide you.

Question 3

Duty of Diligence

1.3

Answer 3

A lawyer shall act with reasonable diligence and promptness in representing a client

Question 4

Duty of Communication

1.4

Answer 4

A lawyer shall keep the client reasonably informed about the status of the matter and shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions about the representation

Question 5

Conflict of Interest

1.7

Answer 5

A lawyer shall not represent a client if the representation involves a concurrent conflict of interest, even when the matters are unrelated, except as provided in Rule 1.7(b).

A concurrent conflict of interest exists where:

1. the representation of one client will be directly adverse (against) another client; or
2. there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client, a third-person, or by a personal interest of the lawyer.

Notwithstanding the existence of concurrent conflict of interest, a lawyer may represent a client if:

• The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
• the representation is not prohibited by law;
• the representation does not involve the assertion of a claim by one client against another client; and,
• each affected client gives informed consent, confirmed in writing

Question 6

Advertising

7.1

Answer 6

A lawyer may advertise as long as truthful and not false or misleading.

The test for false and misleading is any material misrepresentation of fact or law or ommision of a fact necessary to prevent the statement from being considered on a whole as materially misleading

Question 7

Name and Address for Advertising

7.2

Answer 7

Advertisements may be through any form of media including written, recorded or electronic communication

Any advertisement must include the name and office address of at least one lawyer or law firm responsible for its content.

Question 8

Housekeeping Provision

7.3

Answer 8

All advertisements must be marked “advertising material

Question 9

Act as a runner

7.2

Answer 9

A lawyer shall not give anything of value to a person for recommending the lawyer’s services

except that the lawyer may pay the resonable costs of lawyer advertisements or communications permitted by the rule

and may pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service

Question 10

1.9

Answer 10

A lawyer who has formerly represented a client shall not thereafter reveal information relating to the representation except as there Rules would permit or require with respect to a client

Question 11

Confidentiality of Information

1.6

Answer 11

A lawyer shall not reveal information relating to the representation of a client

unless the client gives informed consent,

the disclosure is impliedly authorized in order to carry out the representation

A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary as permitted by Rule 1.6(b):

1. to prevent reasonably certain death or substantial bodily harm;
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
   • and in furtherence of which the client has used or is using the lawyer’s services;
3. to prevent, mitigate or rectify substantial injury that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud;
   
   • to the financial interst or property of another
   • in furtherence of which the client has used the lawyer’s services;
4. to secure legal advice about the lawyers compliance with these Rules;
5. to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client,
   
   • to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved,
   • or to respond to allegations in any proceeding concerning the lawyer’s representation of the client;
6. to comply with other law or a court order; or
7. to vet for conflicts of interests arising from changes in employment or mergers of firms

Question 12

Attorney client Privilege

Answer 12

The privilege applies in litigation and protects information a lawyer receives from a client. If a lawyer is inappropriately asked to produce information from a client in litigation, the privilege should be raised in objection.

Question 13

Fees 1.5

Answer 13

A lawyer’s fees must be reasonablee. The factors for reasonableness include:

1. the time and labor required, the novelty and difficulty of the matter, and the skill needed for the representation;
2. the likelihood that the matter will preclude other employment;
3. the fee customarily charged in the same legal community for similar services;
4. the amount involved and the results obtained;
5. any time limitations;
6. the nature and length of the professional relationship with the client;
7. the experience, reputation, and ability of the lawyer performing the services; and,
8. whether the fee is fixed or contingent

Question 14

1.5(b)

Answer 14

A lawyer must agree with the client on the scope of representation at the time of retention or within a reasonable time thereafter

Question 15

Safekeeping Property 1.15

Answer 15

A lawyer must deposit into a client trust account legal fees and expenses paid in advance

fees cannot be withdrawn until earned

Question 16

Meritorious Claims and Contentions

3.1

Answer 16

A lawyer shall not bring or defend a proceeding unless there is a basis in law or fact for doing so that is not frivolous

Question 17

Candor Toward the Tribunal

3.3

Answer 17

A lawyer shall not knowingly make a false statement of fact or law to a tribunal

Question 18

Gift Instruments

1.8

Answer 18

A lawyer shall not solicit

any substantial gift from a client

Question 19

Trial Publicity

3.6

Answer 19

A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement;

that the lawyer knows or reasonably should know will be disseminated by means of public communication;

and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter

Question 20

Truthfulness in statements with others

4.1

Answer 20

In the course of representing a client a lawyer shall not knowingly make a false statement of material fact or law to a third person

Question 21

Sexual Relations with a Client

1.8

Answer 21

A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced

Question 22

Responsibilities of Partners, Managers, and Supervisory Lawyers

5.1

Answer 22

A lawyer with managerial authority shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct

A lawyer shall be responsible for another lawyer’s violation of the Rules of Professional Conduct if

1. the lawyer orders or ratifies the conduct,
2. or has direct supervisory authority over the other lawyer and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take remedial action