Term
| Are lawyers required to disclose facts necessary to correct a misapprehension known by the applicant or lawyer to have arisen in the matter? |
|
Definition
| Yes; lawyers are required to disclose facts necessary to correct a misapprehension known by the applicant or lawyer to have arisen in the matter |
|
|
Term
| Are bar applicants required to be a United States citizen or a citizen of a particular state? |
|
Definition
| No; a requirement that an applicant be a United States citizen or a citizen of a state is unconstitutional |
|
|
Term
| Are lawyers subject to discipline for failing to report a disciplinary violation committed by another lawyer? |
|
Definition
| Yes; lawyers are subject to discipline for failing to report a disciplinary violation committed by another lawyer, if the disciplinary violation raise a substantial question as to the other lawyer's honesty, trustworthiness, or fitness as a lawyer |
|
|
Term
| Hows does a lawyer's duty to report disciplinary violations of a judge differ from reporting violations of a lawyer? |
|
Definition
| They don't; a lawyer's obligation to report disciplinary violations by judges is the same as that concerning violation by lawyers |
|
|
Term
| Is a lawyer subject to discipline for practicing in a jurisdiction without being licensed to do so? |
|
Definition
| Yes; a lawyer is subject to discipline for practicing in a jurisdiction without being licensed to do so (note exception for lawyers whose jurisdiction is federal - i.e. JAG and other federal entities) |
|
|
Term
| Are states required to accept disciplinary action by one state as conclusive proof of a lawyer's misconduct? |
|
Definition
| Sister states can accept disciplinary action by one state as conclusive proof of a lawyer's misconduct, but are free to impose their own sanctions |
|
|
Term
| Is a federal court required to accept disciplinary action by a state as conclusive proof of a lawyer's misconduct? |
|
Definition
| Federal courts make an independent evaluation regarding disciplinary action, but can accept as competent evidence the lawyer's discipline by a state |
|
|
Term
| Can a person not admitted to practicing as a lawyer engage in practice of law? |
|
Definition
| No; a person not admitted to practice as a lawyer may not engage in the unauthorized practice of law |
|
|
Term
| Can a lawyer be subject to discipline for assisting a nonlawyer in engaging in the unauthorized practice of law? |
|
Definition
| Yes; a lawyer can be subject to discipline for assisting a nonlawyer in engaging in the unauthorized practice of law |
|
|
Term
| Can lawyers draft a will under which he will receive a substantial gift? |
|
Definition
| No; lawyers are generally prohibited from drafting a will under which he will receive a substantial gift |
|
|
Term
| What happens when a lawyer requests to a tribunal to cease representation, but is ordered by the tribunal to continue to represent that client? |
|
Definition
| When ordered to do so by a tribunal, a lawyer must continue representation, notwithstanding good cause to terminate the representation |
|
|
Term
| Is a lawyer be subject to discipline for taking on a case that he is not competent to handle, if he puts in the time and study needed to make himself competent to handle it? |
|
Definition
| No; a lawyer is not subject to discipline for taking on a case that he is not competent to handle, if he puts in the time and study needed to make himself competent to handle it |
|
|
Term
| Is a lawyer who is involved with a proceeding allowed to communicate with a juror about a pending case? |
|
Definition
| No; during the trial of a case, no lawyer, whether or not connected with the case, is allowed to communicate with the juror about the case |
|
|
Term
| Is a lawyer who is not involved with a proceeding allowed to communicate with a juror about a pending case? |
|
Definition
| No; during the trial of a case, no lawyer, whether or not connected with the case, is allowed to communicate with the juror about the case |
|
|
Term
| Is a lawyer required to manage a client trust account himself? |
|
Definition
| No; a lawyer is not required to manage a client trust account himself. However, the lawyer shall "make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer" |
|
|
Term
| Can a lawyer represent a client in a presenting pending piece of litigation and simultaneously oppose that client in a different piece of litigation? |
|
Definition
| No; generally speaking, a lawyer cannot represent a client in a presenting pending piece of litigation and simultaneously oppose that client in a different piece of litigation, unless each client provides informed, written consent |
|
|
Term
| Does a lawyer owe a duty of reasonable care to a prospective client, even if the client does not hire the lawyer? |
|
Definition
| Yes; a lawyer owes a duty of reasonable care to a prospective client, even if the client does not hire the lawyer |
|
|
Term
| Is a lawyer required to caution a prospective client about an impending statute of limitations deadline? |
|
Definition
| Ordinarily yes; a lawyer required to caution a prospective client about an impending statute of limitations deadline. However, warning a prospective client about statute of limitations was not required when it would be disloyal to a present client |
|
|
Term
| When a lawyer is fired by a client, what happens to the client's papers? |
|
Definition
| When a lawyer is fired, he must return all "papers and property to which the client is entitled" |
|
|
Term
| When a client fires a lawyer, under what circumstance (if any) can a lawyer hold on to the client's papers? |
|
Definition
| Ordinarily, when a lawyer is fired, he must return all "papers and property to which the client is entitled." Under the law of many states, an attorney can assert a lien o client papers in her possession to secure the payment of her fee. But if the client has paid the lawyer for all the work the lawyer did, then the client's papers must be returned to the client |
|
|
Term
| May a judge accept benefits associated with a spouse's business activity that incidentally benefit the judge? |
|
Definition
| Yes; a judge may accept benefits associated with a spouse's business activity that incidentally benefit the judge |
|
|
Term
| What duty does an attorney have when asked for information about a bar applicant's character? |
|
Definition
| An attorney who is properly asked for information about a bar applicant's character has a duty to respond and to do so accurately |
|
|
Term
| Is a lawyer permitted to use a contingent fee arrangement when the payment of the fee is contingent on the securing of a divorce, or an amount of alimony or support? |
|
Definition
| No; a lawyer is flatly prohibited to use a contingent fee arrangement when the payment of the fee is contingent on the securing of a divorce, or an amount of alimony or support |
|
|
Term
| Is a lawyer permitted to use a contingent fee to recover money that is past due under a child support order? |
|
Definition
| Yes; a lawyer is permitted to use a contingent fee to recover money that is past due under a child support order. The collection of past due amounts of child support on a contingency fee basis is not considered a prohibited contingent fee in a domestic relations case under the Rules |
|
|
Term
| Can a lawyer draft a legal instrument for a client that gives a substantial gift to the lawyer, if the client is related to the lawyer? |
|
Definition
| Yes; a lawyer may only draft a legal instrument for a client that gives a substantial gift to the lawyer if the client is related to the lawyer |
|
|
Term
| Is a lawyer required or permitted to withdraw, if continued counsel would assistant the client in conduct that the lawyer knows is deemed or fraudulent? |
|
Definition
| A lawyer is required to withdraw, if continued counsel would assistant the client in conduct that the lawyer knows is deemed or fraudulent |
|
|
Term
| Does attorney-client privilege apply in civil litigation between two persons who were formerly joint clients of the attorney? |
|
Definition
| No; Attorney-client privilege does not apply in civil litigation between two persons who were formerly joint clients of the attorney |
|
|
Term
| Is attorney-client privilege destroyed by the presence of a non-privileged third person? |
|
Definition
| Yes; attorney-client privilege is destroyed by the presence of a non-privileged third person |
|
|
Term
| Is client confidentiality destroyed by the presence of a non-privileged third person? |
|
Definition
| No; unlike attorney-client privilege, client confidentiality is not destroyed by the presence of a non-privileged third person |
|
|
Term
| What happens if confidential information becomes generally known? |
|
Definition
| Confidentiality is destroyed if the confidential information becomes generally known |
|
|
Term
| Can an attorney use or disclose confidential information when appropriate to carry out representation? |
|
Definition
| Yes; an attorney can use or disclose confidential information when appropriate to carry out representation, unless the client gives specific instructions to the contrary |
|
|
Term
| May an attorney reveal a client's confidential information to the extent necessary to protect the attorney's interest in a dispute that involves the conduct of the attorney? |
|
Definition
| Yes; an attorney may reveal a client's confidential information to the extent necessary to protect the attorney's interest in a dispute that involves the conduct of the attorney. (The disclosure should be limited in scope, and only used if necessary) |
|
|
Term
| Under what circumstances can an attorney permissively withdraw from representing a client? |
|
Definition
| An attorney can permissively withdraw from representing a client for any reason if a) It can be done without material adverse effect on the client's interest, or b) If the client consents |
|
|
Term
| Is an attorney required to withdraw if the client persists in a course of action that involves the lawyer's services, and the lawyer reasonably believes that conduct is criminal or fraudulent? |
|
Definition
| The attorney can (but is not required) to withdraw if the client persists in a course of action that involves the lawyer's services and that the lawyer reasonably believes is criminal or fraudulent. Note, however, that if the client's criminal or fraudulent conduct involves some assistance by the lawyer, then the lawyer *must* withdraw |
|
|
Term
| Is a client permitted to withdraw from representing a client if to continue the representation imposes an unreasonable financial burden on the attorney? |
|
Definition
| Yes; a client is permitted to withdraw from representing a client if to continue the representation imposes an unreasonable financial burden on the attorney |
|
|
Term
| What are three exceptions to the general rule that a lawyer must not split a legal fee with another lawyer? |
|
Definition
1) Lawyers within a firm
2) Separation and retirement agreements: A law firm may make payments to a former partner or association under a separation or retirement agreement
3) Certain splits with lawyers outside firm, if a) The total fee is reasonable, b) The split is proportional to the services performed by each lawyer, and c) The client agrees to a split in a writing that discloses the share each lawyer will receive |
|
|
Term
| May a lawyer pay a non-lawyer to recommend or refer a matter to him? |
|
Definition
| No; a lawyer is prohibited from paying anyone - including another lawyer - for recommending him or referring a matter to him |
|
|
Term
| May a lawyer pay another lawyer to recommend or refer a matter to him? |
|
Definition
| No; a lawyer is prohibited from paying anyone - including another lawyer - for recommending him or referring a matter to him |
|
|
Term
| May a lawyer set up a "reciprocal referral" arrangement with another lawyer or a non-lawyer professional in which each person agrees to refer clients or customers to the other? |
|
Definition
| Yes; a lawyer may set up a "reciprocal referral" arrangement with another lawyer or a non-lawyer professional in which each person agrees to refer clients or customers to the other, so long as a) The arrangement is not exclusive; b) The lawyer's client is informed of the existence and nature of this arrangement; and c) The reciprocal referral arrangement is not of indefinite duration |
|
|
Term
| What are three requirements for a reciprocal referral arrangement between a lawyer and non-lawyer professional? |
|
Definition
1) The arrangement is not exclusive;
2) The lawyer's client is informed of the existence and nature of this arrangement; and
3) The reciprocal referral arrangement is not of indefinite duration |
|
|
Term
| True/False: A decision to accept a settlement offer can be made by an attorney or a client |
|
Definition
| False; the decision to accept a settlement offer must be made by the client |
|
|
Term
| True/False: A decision to enter a plea in a criminal case must be made by the client |
|
Definition
| True; the decision to enter a plea in a criminal case must be made by the client |
|
|
Term
| True/False: The decision on whether to appeal can be made by an attorney or a client |
|
Definition
| False; the decision on whether to appeal must be made by the client |
|
|
Term
| Five decisions that must be made by a client (as opposed to an attorney) |
|
Definition
1) Whether to accept a settlement offer
2) What plea to enter in a criminal case
3) Whether to waive a jury trial in a criminal case
4) Whether the client will testify in a criminal case; and
5) Whether to appeal |
|
|
Term
| Does an attorney's duty to preserve a client's confidential information cease when representation ends? |
|
Definition
| No; an attorney's duty to preserve a client's confidential information does not cease when representation ends |
|
|
Term
| Is a lawyer obligated to report every violation of the ethical rules? |
|
Definition
No; a lawyer is only obligated to report ethical violations that "that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other
respects". This Rule limits the reporting obligation to
those offenses that a self-regulating profession must vigorously
endeavor to prevent. A measure of judgment is, therefore, required
in complying with the provisions of this Rule. The term "substantial"
refers to the seriousness of the possible offense and not the
quantum of evidence of which the lawyer is aware. |
|
|
Term
Lawyer is licensed in Virginia and New York. While acting as counsel in
a trial in Virginia, Lawyer violated a Virginia rule of professional conduct
that does not appear in the New York Rules of Professional Conduct. Is
Lawyer subject to discipline in New York for the conduct that occurred
in Virginia? |
|
Definition
Yes, because New York authorities have
jurisdiction to discipline New York lawyers wherever their conduct occurred, and New York courts would
apply the Rules of Professional Conduct of the state where the case was pending in which the conduct occurred. |
|
|
Term
| Is a lawyer subject to discipline if the lawyer’s conduct conforms with the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect will occur? |
|
Definition
| No, a lawyer is not subject to discipline if the lawyer’s conduct conforms with the rules of a jurisdiction in which the lawyer "reasonably believes the predominant effect will occur" |
|
|
Term
| Three elements of a malpractice case: |
|
Definition
1) A legal duty the lawyer owed the plaintiff, e.g., based on a lawyer-client relationship or sometimes a duty the lawyer assumes. Restatement §§ 48 & 50.
2) Failure of the lawyer to exercise the skill and knowledge an ordinary lawyer would exercise in similar
circumstances. Restatement § 52(1).
3)Damage suffered by the plaintiff as a result of the lawyer’s misconduct. Restatement § 53. |
|
|
Term
| Can a lawyer be required to return part or all of a fee to a client for a breach of fiduciary duty to a client? |
|
Definition
| Yes; Restatement § 37 provides that a lawyer may be required to return all or part of the fee, even in the absence of client damage, for “clear & serious breach of [fiduciary] duty” to the client. |
|
|
Term
| May a lawyer may have a duty to tell her client about her own malpractice? |
|
Definition
| Yes, a lawyer may have a duty to tell her client about her own malpractice |
|
|
Term
Is an attorney permitted to make an agreement prospectively limiting
the lawyer’s liability to a client for malpractice? |
|
Definition
No; an attorney is not permitted make an agreement prospectively limiting
the lawyer’s liability to a client for malpractice, unless the client is independently represented in making the agreement |
|
|
Term
Client comes to lawyer for assistance with what looks like a simple business
contract, but it also has complicated tax dimensions. Lawyer recommends that
the client hire a tax specialist. Client says that would be too expensive. Lawyer did take tax pass/fail in his 3L year. Lawyer agrees to provide client with tax advice about structuring transaction. Client acknowledges that L is not
specialist in tax law, and agrees that client will be liable only if he is found to have acted with gross negligence. Lawyer recommends that client have independent counsel advise him about the agreement, but Client declines.
The transaction turns out to have terrible tax implications. The client sues for malpractice and files a complaint with disciplinary authorities. Lawyer asserts
that client’s waiver provides a defense in both contexts. Is the lawyer subject to discipline or malpractice liability? |
|
Definition
| In this case, the lawyer is subject to discipline and malpractice liability |
|
|
Term
May a lawyer settle a malpractice claim or potential claim for such
liability with an unrepresented client or former client? |
|
Definition
| Generally no; a lawyer shall not settle a malpractice claim or potential claim for such liability with an unrepresented client or former client unless that person is a) Advised in writing of the desirability of seeking and b) Is given a reasonable opportunity to seek the advice of independent legal counsel in connection therewith. |
|
|
Term
| Does one need to be licensed in order to dispense advice at a walk-in legal clinic? |
|
Definition
| Yes; one does need to be licensed in order to dispense advice at a walk-in legal clinic. Note though that a law student or similar unlicensed person can work at such a clinic under the close supervision of a lawyer |
|
|
Term
| Is a lawyer permitted to initiate in-person contact with a prospective client? |
|
Definition
| No; a lawyer is not permitted to initiate contact with a prospective client, when a significant motive for doing so is the lawyer's pecuniary gain |
|
|
Term
| If a lawyer offers an ancillary service in circumstances not distinct from a legal service, is he required to follow the legal ethics rule for both kinds of services? |
|
Definition
| Yes; If a lawyer offers an ancillary service in circumstances not distinct from a legal service, he is required to follow the legal ethics rule for both kinds of services |
|
|
Term
| Can a lawyer sell client files to another attorney as part of a sale of a law practice? |
|
Definition
| Yes; a lawyer can sell client files to another attorney as part of a sale of a law practice |
|
|
Term
| A lawyer (must/may/cannot) reveal confidential information, if the lawyer reasonably believes that doing so is necessary to prevent reasonably certain death or bodily harm |
|
Definition
| A lawyer *may* reveal confidential information, if the lawyer reasonably believes that doing so is necessary to prevent reasonably certain death or bodily harm |
|
|
Term
| Model Rule 1.13 (Organization as Client) seeks to have legal issues at the (highest/lowest) possible command level |
|
Definition
| Model Rule 1.13 (Organization as Client) seeks to have legal issues at the lowest possible command level |
|
|
Term
| Three exceptions that would permit an attorney to represent a client, when a partner in the same firm has received otherwise disqualifying information from a second, prospective client: |
|
Definition
1) Both the affected client and the prospective client have given informed, written consent
2) The lawyer (in this case, the partner) is screened off the case
3) The firm promptly sends the client written notice of the situation |
|
|
Term
| In what circumstances can an attorney comment about a pending case publicly? |
|
Definition
| An attorney can make a public statement about a pending case, as long as the comment does not have a substantial likelihood of materially prejudicing the case |
|
|
Term
| Suppose a client loses a case and is in jail waiting on appeal. The client wants to write a book about his life in jail, and he makes a contingency fee arrangement with the attorney that would grant the attorney book royalties as payment. Is this arrangement permitted? |
|
Definition
| Yes; while a layer must not acquire literary or media rights to a story concerning the lawyer's representation of a client until after the legal matter is entirely concluded, this is not the rule here, as the book is about the client's life in prison, not about her case or her lawyer's representation of her. A lawyer may represent a client in a transaction concerning literary property in which the lawyer's fee consists of a share of the ownership of the property, provided that the arrangement complies with the general rules about attorney's fees and does not give the lawyer a proprietary interest in the subject of litigation |
|
|
Term
| What are two requirements when a lawyer comes into possession of property to be held in the client's behalf? |
|
Definition
Two requirements when a lawyer comes into possession of property to be held in the client's behalf:
1) The lawyer must identify it as belonging to the client, and;
2) Must put it in a safe place |
|
|
Term
| Do attorneys have a duty to educate non-lawyer employees about ethics issues? |
|
Definition
| Yes; attorneys do have a duty to educate non-lawyer employees about ethics issues (and to make reasonable efforts to assure that those employees comply with ethics rules) |
|
|
Term
| What must a partner do if he learns about the violation of an ethics rule by a non-lawyer employee, and any consequences of the violation can be avoided or mitigated? |
|
Definition
| If a partner learns about the violation of an ethics rule by a non-lawyer employee, and any consequences of the violation can be avoided or mitigated, then the partner must "take reasonable remedial action" |
|
|
Term
| Suppose information about a client that is revealed to a government attorney can be found via the Freedom of Information Act. Is this information confidential? |
|
Definition
| No; information available under the Freedom of Information Act is not confidential |
|
|
Term
| Can a government lawyer who receives confidential information about a person later represent a private client whose interests are adverse to that person? |
|
Definition
| No; the general rule is that a government lawyer who receives confidential information about a person cannot later represent a private client whose interests are adverse to that person. Note that the information must actually be confidential (for example, not information available under the Freedom of Information Act) |
|
|
Term
| True/False: A lawyer may settle a malpractice claim if the claimant is independently represented or if the lawyer advises the claimant in writing that he should seek independent legal advice before entering into the settlement |
|
Definition
| True; A lawyer may settle a malpractice claim if the claimant is independently represented or if the lawyer advises the claimant in writing that he should seek independent legal advice before entering into the settlement |
|
|
Term
| Is a lawyer subject to discipline for lying/bluffing, if the lawyer's bluff successfully unmasked a fraudulent claim? |
|
Definition
| No; a lawyer must not knowingly make a false statement of law or material fact (the ends do not justify the means) |
|
|
Term
| May a bar applicant challenge the validity of a question on legally tenable grounds? |
|
Definition
| Yes; a bar applicant may challenge the validity of a question on legally tenable grounds. However, if they decide to answer the question, the answer must be true, as a bar applicant must not make untrue statements on a bar application |
|
|
Term
| When can a judge establish a campaign committee? |
|
Definition
| A judge may establish a campaign committee no earlier than an amount of time prior to the election that is set by the jurisdiction |
|
|
Term
| Can a law firm continue to use a name, if one of the names is of a partner who is deceased? |
|
Definition
| Yes; a law firm can continue to use a name, if one of the names is of a partner who is deceased. A firm is permitted to practice under a trade name, provided that the trade name is not misleading. |
|
|
Term
| Can a law firm continue to use a name, if one of the names is of a partner who has entered public service and is not in private practice for a substantial period of time? |
|
Definition
| No; a law firm cannot continue to use a name, if one of the names is of a partner who has entered public service and is not in private practice for a substantial period of time |
|
|
Term
| Can a law firm represent a prospective client, if a partner (who is now deceased) represented a former client who is now involved in litigation with the prospective client? |
|
Definition
| This would be permissible only if the current law partners have no access to the former client's confidential information. The Model Rules create an exception to the ordinary rule that confidential information gained by one lawyer in a firm is deemed to be known by all lawyers in the firm. Note that, in this example, consent is not needed by the former client |
|
|
Term
| A subordinate (does/does not) violate ethical rules by acting in accordance with a supervisor's reasonable resolution of an arguable question of professional duty |
|
Definition
| A subordinate does not violate ethical rules by acting in accordance with a supervisor's reasonable resolution of an arguable question of professional duty |
|
|
Term
| Does a subordinate attorney have a duty to call a case to the court's attention, if that case is directly on point (and not an arguable question), and is directly opposed to the position of the client? |
|
Definition
| Yes; a subordinate attorney have a duty to call a case to the court's attention, if that case is directly on point (and not an arguable question), and is directly opposed to the position of the client |
|
|
Term
| True/False: An attorney is not permitted to briefly negotiate a license in a state in which he is not admitted to practice |
|
Definition
| False; An attorney is permitted to briefly negotiate a license in a state in which he is not admitted to practice. A lawyer is permitted to temporarily practice out of state if that practice is reasonably related to the lawyer's home state practice |
|
|
Term
| Is a lawyer ever permitted to practice in a state in which he is not admitted to practice law in? |
|
Definition
| A lawyer is permitted to temporarily practice out of state if that practice is reasonably related to the lawyer's home state practice |
|
|
Term
| Can a lawyer refuse to represent a potentially unpopular client, on the basis that representing that client would outrage the lawyer's current clients? |
|
Definition
| No; a lawyer cannot refuse to represent a potentially unpopular client, on the basis that representing that client would outrage the lawyer's current clients. A lawyer has a duty to represent his fair share of indigent or unpopular clients. |
|
|
Term
| Can a lawyer refuse to represent two clients to be tried jointly, if doing so would create a conflict of interest between the two clients? |
|
Definition
| Yes; a lawyer can refuse to represent two clients to be tried jointly, if doing so would create a conflict of interest between the two clients. It would be an ethical violation to represent co-defendants with conflicting interests (and consent would not solve the conflict); thus, the attorney can decline the appointment on this ground |
|
|
Term
| What can be the punishment (i.e. professional discipline, civil liability) for not putting client's money in the correct account? |
|
Definition
| A lawyer can be subject to both professional discipline and civil liability for not putting client's money in the correct account? |
|
|
Term
| Is a law firm subject to disqualification in a dispute between a former and new or prospective client, if the matters are not substantially related to each other nor involve any confidential information? |
|
Definition
| Is a law firm subject to disqualification in a dispute between a former and new or prospective client, if the matters are not substantially related to each other nor involve any confidential information |
|
|
Term
| Is a non-lawyer decedent (of a former law firm partner) entitled to money originally earned by the partner as legal fees? |
|
Definition
Yes; the a non-lawyer decedent (of a former law firm partner) is entitled to money originally earned by the partner as legal fees. This can include:
- The decedent's share of capital assets of a firm
- Fees that had been earned (albeit not collected) at the time the decedent died
- A reasonably computed death benefit payable over a reasonable period of time |
|
|
Term
| May a judge testify voluntarily as an ordinary fact witness? |
|
Definition
| Yes; a judge may testify voluntarily as an ordinary fact witness. The judge may not, however, testify voluntarily as a character witness. |
|
|
Term
| May a judge testify voluntarily as a character witness? |
|
Definition
| No; a judge may not testify voluntarily as a character witness. |
|
|
Term
| May a judge testify voluntarily as an ordinary fact witness in a case that is pending before a different judge in his own court, or a court that is under his court's appellate jurisdiction? |
|
Definition
| Yes; a judge may testify voluntarily as an ordinary fact witness in a case that is pending before a different judge in his own court, or a court that is under his court's appellate jurisdiction. The judge may not, however, testify voluntarily as a character witness |
|
|
Term
| True/False: Judges are not automatically disqualified from testifying in criminal cases |
|
Definition
| False; Judges are not automatically disqualified from testifying in criminal cases |
|
|
Term
| Can an attorney take out a loan from a client in order to start a new firm, and then use a loan payback clause in order to pay that client back? |
|
Definition
| Yes; an attorney is permitted to take out a loan from a client in order to start a new firm, and then use a loan payback clause in order to pay that client back - as long as the attorney does not allow the client to interfere with her judgment in handling other clients' matters |
|
|
Term
| Two things a lawyer cannot do when dealing on behalf of a client with a person who is not represented by counsel: |
|
Definition
1) A lawyer must not state or imply that the lawyer is disinterested
2) The lawyer must not give that person advice (other than advice to secure counsel) |
|
|
Term
| True/False: Unless a client has specifically instructed the lawyer to the contrary, a lawyer can reasonably assume that he has implied authority from the client to disclose confidential information when necessary to carry out the representation |
|
Definition
| True; Unless a client has specifically instructed the lawyer to the contrary, a lawyer can reasonably assume that he has implied authority from the client to disclose confidential information when necessary to carry out the representation. This is particularly true in cases where the lawyer cannot easily communicate with his client |
|
|
