Term
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Definition
| An attorney should be __________to handle a legal matter. This means lawyers should refrain from taking cases in areas of law with which they are unfamiliar, unless they make an effort to ensure adequate representation (such as hiring co-counsel with experience in those areas). |
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| Diligence/Unwarranted Delay |
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Definition
| An attorney should act with due _________on a case. A paralegal can assist an attorney by acting promptly on assigned tasks |
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Term
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Definition
| The shortest of all ABA rules, the rule on _____, simply states that they should be “reasonable.” Whether a _____ is reasonable varies according to the services performed, the experience of the attorney, and the standards of the community |
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Term
| Crime or Fraud by Attorney |
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Definition
| An attorney may be sanctioned if he or she engages in conduct that is __________or ___________. |
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Term
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Definition
| Although an attorney may represent someone who has committed a _______ or _____, the attorney may not counsel the client to engage in such conduct |
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Term
| Frivolous Legal Positions |
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Definition
| An attorney may not assert a _______claim or defense. This rule would also prevent an attorney from presenting a defense or claim that he or she knows is not true |
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Term
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Definition
| An attorney holding money or property belonging to a client must keep it separate from the attorney’s holdings. Although this rule is often ignored, an attorney should not intermingle client funds |
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Term
| False Statements and Failure to Disclose |
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Definition
| An attorney may not make ______ ___________. An attorney must disclose relevant information and authority, even if that information and authority are damaging to the client |
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Term
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Definition
| An attorney must ask the court for permission if she wishes to __________ from a case |
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Term
Confidentiality of Information
Attorney/Client Privilege |
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Definition
| Communication with the client must remain confidential even after the death of a client |
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Term
Confidentiality of Information
Attorney Work Product |
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Definition
| Material prepared in anticipation of litigation is not discoverable |
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Term
Confidentiality of Information
Inadvertent Disclosure of Confidential Information |
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Definition
| An attorney must make reasonable efforts to ensure that confidential information is not accidentally disclosed. Even if the disclosure is accidental, the attorney may still be found culpable |
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Term
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Definition
• An attorney should not engage in business transactions with a client.
• An attorney should not accept gifts from a client.
• An attorney should not engage in sex with a client.
• An attorney should not take a case in which she has a personal bias.
• An attorney should not engage in multiple representation (representing both sides in a case) unless the parties are informed of the risks and agree in writing.
• An attorney should not take a case involving a former client who is a present adversary.
• When changing jobs, attorneys must ensure they have no access to information in the new firm regarding previous representation from the old firm. This is often called a “Chinese Wall.”
• An attorney must check each case the firm accepts for conflicts.
• The stipulations above extend to legal staff. |
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Term
| Communication with the Other Side |
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Definition
| An attorney may not communicate with the client from the opposing side, unless the opposing counsel agrees or the opposing party represents himself |
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Term
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Definition
| An attorney may not solicit work from a specific prospective client when the attorney may have a monetary motive for doing so |
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Term
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Definition
| An attorney may advertise as long as the advertisement is not misleading |
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Term
| Reporting Professional Misconduct |
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Definition
| An attorney who knows that another attorney is engaging in professional misconduct must report such conduct to the appropriate authority |
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Term
| Appearance of Impropriety |
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Definition
| An attorney is not supposed to engage in activity that might have the appearance of being unethical or improper |
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Term
| Unauthorized Practice of Law |
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Definition
| An attorney may not assist a nonlawyer in the _______ _________ of __________. |
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Term
| Paralegals, Secretaries, and Other Legal Staff |
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Definition
| An attorney may delegate virtually any task to a staff member, as long as the attorney takes responsibility for the staff’s conduct and work product. The only tasks that the staff may not perform are giving legal advice and/or acting in a legally representative capacity |
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