Term
| What is the standard under Rule 3.8(g)? |
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Definition
| Reasonable likelihood of innocence - must disclose evidence |
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Term
| What is the standard under Rule 3.8(h)? |
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Definition
| Clear and convincing evidence of innocence - must act to remedy conviction |
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Term
| What must a prosecutor do under Rule 3.8(g) |
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Definition
| Disclose new, credible, material evidence suggesting a reasonable likelihood the defendant is innocent |
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Term
| What must a prosecutor do under Rule 3.8(h)? |
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Definition
| Take steps to remedy a conviction if clear and convincing evidence shows the defendant is innocent. |
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Term
| What does Rule 1.6 require? |
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Definition
| A lawyer must not reveal client info unless the client consents or an exception applies. |
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Term
| What are the exceptions under Rule 1.6(b)? |
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Definition
| Disclosure allowed to prevent death, crime, fraud, seek advice, or comply with law/court order. |
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Term
| What does Rule 1.6(c) require? |
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Definition
| Lawyers must safeguard against unauthorized disclosure. |
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Term
| What does attorney-client privilege protect? |
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Definition
| Only confidential legal advice - not all information. |
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Term
| Who owns the attorney-client privilege? |
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Definition
| The Client. It is waived if shared with third parties. |
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Term
| What is the crime-fraud exception? |
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Definition
| No privilege for communication made to commit or cover up crime/fraud. |
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Term
| When does Rule 1.7(a) prohibit representation? |
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Definition
| If directly adverse or materially limited by other interests. |
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Term
| When is representation allowed under Rule 1.7(b)? |
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Definition
| If reasonable, lawful, not in same litigation, and with written consent. |
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Term
| What does Rule 1.8 cover? |
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Definition
| Special conflicts: business deals, gifts, third-party payors, proprietary interest, sex with clients. |
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Term
| What does Rule 1.9(a) prohibit? |
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Definition
| Representing new clients adverse to a former client in the same or related matter without consent. |
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Term
| What does Rule 1.9(c) prohibit? |
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Definition
| Using or revealing former client's information unless allowed or generally known. |
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Term
| What does Rule 1.10 state? |
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Definition
| Conflicts are imputed to the firm unless screened. |
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Term
| What does Rule 1.9(b) restrict? |
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Definition
| Migratory lawyers from working against former clients if they worked on the matter. |
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Term
| What does Rule 1.11 require? |
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Definition
| Government lawyers need consent or screening to switch sides in the same matter. |
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Term
| What does Rule 1.18 protect? |
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Definition
| Confidentiality of prospective clients and bans adverse representation in related matters. |
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Term
| What does Rule 3.6 restrict? |
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Definition
| Public statements likely to prejudice proceedings. |
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Term
| What does Rule 3.3 prohibit? |
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Definition
| Lying to the court or failing to correct false statements. |
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Term
| What does Rule 3.1 prohibit? |
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Definition
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Term
| What does Rule 7.1 require? |
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Definition
| Lawyer communications must be truthful and not misleading. |
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Term
| What does Rule 7.2 prohibit? |
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Definition
| Referral payments to non-lawyers; ads must include contact info. |
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Term
| What does Rule 7.3 prohibit? |
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Definition
| In-person solicitation for pecuniary gain, with narrow exceptions. |
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Term
| What does Rule 1.2 divide? |
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Definition
| Client decides objectives; lawyer controls means. |
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Term
| What must clients decide under Rule 1.2(a)? |
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Definition
| Whether to settle or plead guilty. |
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Term
| What does Rule 1.14 address? |
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Definition
| Lawyer's duties when client has diminished capacity. |
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Term
| What does Rule 1.5 require? |
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Definition
| Fees must be reasonable and explained. |
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Term
| What does Rule 1.5(d) prohibit? |
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Definition
| Contingency fees in criminal and domestic cases. |
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Term
| What does Rule 1.15 require? |
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Definition
| Client funds must be kept in separate trust accounts. |
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Term
| What does Rule 5.5 prohibit? |
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Definition
| Practicing law in a jurisdiction without a license. |
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Term
| What does Rule 4.2 prohibit? |
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Definition
| Contacting represented persons without consent. |
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Term
| Can lawyers contact former employee of an organization? |
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Definition
| Yes, unless they're involved in the matter or represented. |
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Term
| What must judges avoid under 28 U.S.C. ยง 455? |
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Definition
| Actual bias and the appearance of impropriety. |
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