Legal ethics and professional responsibility rules tested on the bar exam and MPRE.
38 cards · basic cards · AI-written, checked twice. Edit anything.
- What does the duty of competence require?
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A lawyer must provide legal services with the level of knowledge, skill, preparation, and diligence reasonably necessary for the representation.- Define a concurrent conflict of interest.
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A conflict between a lawyer's interests and a client's interests, or between the interests of two or more clients, in the same matter or a related matter.- When must a lawyer obtain informed written consent to a concurrent conflict?
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Before or after the representation begins, the lawyer must disclose the conflict and its risks, and the client must give informed written consent.- What is the crime-fraud exception to attorney-client privilege?
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Privilege does not protect communications if the client seeks advice to commit a future crime or fraud, or to further an ongoing crime or fraud.- Must a lawyer disclose client confidences if the client is about to commit a crime?
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A lawyer may (but is not required to) disclose confidences to prevent death or substantial bodily harm, or to prevent a crime involving injury to person or property.- What is the scope of the attorney-client privilege?
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Communications between lawyer and client, made in confidence for the purpose of obtaining legal advice, are privileged.- What is the standard for fees charged by a lawyer?
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A fee must be reasonable, considering the time and labor involved, the novelty and difficulty of the questions, the skill required, the result obtained, and customary charges in the area.- When are contingent fees prohibited?
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Contingent fees are prohibited in domestic relations matters involving alimony or child support, and in criminal defense cases.- Can a lawyer share fees with a non-lawyer?
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No, a lawyer is prohibited from sharing legal fees with a non-lawyer, except for payment to an estate or beneficiary of a deceased lawyer.- Can a lawyer purchase an interest in a claim or cause of action?
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No, a lawyer is prohibited from acquiring a proprietary interest in a claim or cause of action, except to secure a fee or expense.- Must a lawyer disclose adverse legal authority to a tribunal?
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Yes, a lawyer must disclose to the tribunal legal authority in the controlling jurisdiction that is directly adverse to the client's position, if not disclosed by opposing counsel.- When must a lawyer correct a false statement made to a tribunal?
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A lawyer must promptly disclose the falsity and correct it, even if it disadvantages the client, unless doing so would violate the duty of confidentiality.- Can a lawyer present evidence knowing it is false?
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No, a lawyer must not knowingly offer false evidence, whether documentary, demonstrative, or testimonial.- What must a lawyer do if a client intends to present perjured testimony?
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The lawyer must attempt to persuade the client not to testify falsely. If the client insists, the lawyer must withdraw (or, in some jurisdictions, disclose the perjury).- When can a lawyer withdraw from representation?
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Permissively: if withdrawal can be accomplished without materially harming the client, or if the client is using the lawyer's services to commit a crime or fraud.
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