Legal Ethics & Professional Responsibility Flashcards
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Read the first 7 Legal Ethics & Professional Responsibility flashcards as text
Which circumstance REQUIRES a lawyer to withdraw under Model Rule 1.16(a)?
Answer: The client discharges the lawyer
Rule 1.16(a)(3) mandates withdrawal when the lawyer is discharged, while the other options are permissive grounds.
Upon termination of representation, Model Rule 1.16(d) requires the lawyer to:
Answer: Surrender papers and property to which the client is entitled and refund any unearned advance fee
Rule 1.16(d) requires steps to protect client interests, including returning property and refunding unearned fees.
Under Model Rule 1.2(a), which decision in a criminal case is reserved to the client?
Answer: Whether to testify
The client decides the plea, jury waiver, whether to testify, and whether to settle, while tactics belong to the lawyer.
An in-house lawyer reports up to the board that an officer is committing fraud likely to cause substantial injury to the company, but the board refuses to act. Under Model Rule 1.13(c), the lawyer:
Answer: May reveal information outside the organization to the extent necessary to prevent substantial injury to the organization
Rule 1.13(c) permits reporting out when the highest authority fails to act and the violation is reasonably certain to cause substantial injury.
Under Model Rule 8.3(a), a lawyer must report another lawyer's misconduct when it:
Answer: Raises a substantial question as to the lawyer's honesty, trustworthiness, or fitness
Rule 8.3(a) requires reporting serious misconduct but excepts information protected by Rule 1.6 or a lawyers assistance program.
Under Model Rule 5.1(c), a supervising partner is responsible for another lawyer's ethical violation when the partner:
Answer: Knows of the conduct when its consequences can be avoided and fails to take reasonable remedial action
Rule 5.1(c) imposes responsibility when a supervising lawyer orders or ratifies the conduct, or knowingly fails to remediate it in time.
Under Model Rule 1.17, a lawyer selling a law practice must:
Answer: Sell the entire practice or entire area of practice and give written notice to clients
Rule 1.17 requires sale of the entire practice or area of practice, written notice to clients, and no fee increase because of the sale.
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