Acing Professional Responsibility
Author:
Abramson, Leslie W.
Edition:
4th
Copyright Date:
2020
8 chapters
have results for ethics
Chapter 1. Regulation of the Legal Profession 8 results (showing 5 best matches)
- s an exercise of their police powers, the states regulate the legal profession because it affects the public interest. The courts of each state have the inherent power to regulate members of the legal profession for their conduct, both in-court and elsewhere. The highest court of each state has adopted standards of professional ethics based on models created by the American Bar Association [ABA].
- Along with the ABA Model Rules, the ABA has published ethics opinions that respond to specific issues posed to the ABA and that aid lawyers’ understanding about how the MRPC operate and interrelate. In this book, those opinions are referred to in shortened form. For example, if the ABA published a formal opinion number . The short-hand citation for that ethics opinion in this book is: “
- In addition to adoption of some form of the MRPC, each state has case law that relates to the rights and duties of lawyers to engage in conduct that may not be directly addressed in the state ethics standards. For example, while the MRPC permits contingent fees to be charged in certain types of cases, the case law may clarify a lawyer’s duties in determining how to calculate the amount of the fee for the client. States also maintain rules of court for civil and criminal cases, as well as for cases during the appeals process. While ethics standards may require lawyers to accept court appointments, the court rules may prescribe standards of indigency requiring a court-appointed lawyer.
- The legal profession is governed by state ethics standards, case law, and court rules.
- Even if you are not a partner in a firm, you may have supervisory authority over another lawyer, e.g., a senior associate supervising a junior associate. Your responsibilities are the same as a partner in order to assure compliance with ethics standards by the lawyers working under your authority, but your responsibilities relate only to them. Those responsibilities extend to the performance and quality of those lawyers’ work, and includes being available to answer their questions. Rule 5.1(b).
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Chapter 4. Conflicts of Interest 2 results
- Your duties to protect your client’s confidential information and to be loyal to her are the primary rationales for the ethics rules for conflicts of interest. Suppose that you are representing Client A at trial and your current Client B appears as a witness for the adversary. If you cross-examine Client B by revealing the confidential information from Client B, you are violating your duty of confidentiality to Client B. If you do not use that information in your representation of Client A in order to protect the confidences of Client B, you are violating your duty of loyalty to Client A because you are not representing Client A properly.
- Screening also may be used when you change firms. When you move from private practice in one office to a law firm or corporate law office that represents a client with interests adverse to your former client, your new firm can use an ethics screen and avoid imputed disqualification without obtaining or asking for the consent of your former client. Your new firm must provide written notice of the screen to your former client. The notice must (1) describe the screening procedures, (2) promise that both your new firm and you will comply with the MRPC, (3) state that judicial review of the screen is available, and (4) include an agreement that responds to your former client’s concerns. Upon written request of your former client, you and a partner at your new firm periodically must certify compliance with the screening procedure. Screening discussed in this paragraph applies to your movement between private law firms or entities. Rule 1.10(a)(2).
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- Suppose that you are not diligent in your representation. You may be subject to discipline for having performed your legal work incompetently or negligently. In addition, you may be liable for monetary damages to a former client or to a nonclient for malpractice committed by you or your employee. Even if you have already been disciplined by your state bar association for incompetence, you are not automatically liable for malpractice. The finding of an ethics violation against you, however, is likely to be viewed as relevant to your malpractice liability.
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Chapter 3. Client Confidentiality 2 results
- disclose confidential information in order “to comply with other law or a court order,” such as revealing client perjury, per Rule 3.3(b). Rule 1.6(b)(6). When a disclosure is permitted or required under federal law, such as disclosing information to the SEC under the Sarbanes Oxley Act, federal law preempts the application of a contrary state ethics rule. Or, if a state law, such as a child abuse reporting requirement, requires that you disclose confidential client information, Rule 1.6(b)(6) overrides the general confidentiality requirement.
- Arthur Kirkland practices law in Hartford, primarily representing plaintiffs in civil litigation. Recent events have made him concerned about the ethics of his behavior. After successfully obtaining a hefty settlement for Sam Jones in a personal injury case,
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- . Because of the controversy that sometimes surrounds their use, ethics standards often treat contingent fee arrangements with provisions not used in other fee contexts. If “applicable law” requires, you must offer your client an alternative to a contingent fee arrangement. Rule 1.5, Comment 3.
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- Publication Date: August 17th, 2020
- ISBN: 9781647082970
- Subject: Professional Responsibility/Ethics
- Series: Acing Series
- Type: Exam Prep
- Description: Acing Professional Responsibility provides a dual benefit to law students who, to become licensed lawyers, have to pass both a law school exam in a Legal Ethics course as well as the Multistate Professional Responsibility Examination (MPRE). To prepare for the law school examination, there are pages of text, numerous outlines, bullet points, sample essay questions and answers, and mini-checklists to learn the basics and fine points of Professional Responsibility. The Acing book also enables students to quickly recall and pass the MPRE. The materials are current through the Model Rules changes in 2018.