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Legal Ethics and Professional Responsibility Review Flashcards
| Front | Back |
| How can lawyers avoid common ethical pitfalls in practice? | By staying informed of current rules, engaging in regular ethics training, and seeking guidance when ethical dilemmas arise |
| How do ethical decision-making processes assist lawyers facing dilemmas? | They provide structured frameworks to analyze situations, consider relevant rules, and determine appropriate actions |
| How does imputed disqualification address conflicts of interest? | A conflict for one lawyer may extend to others in the firm unless effective screening is implemented |
| How does the duty of candor to the tribunal impact legal practice? | It requires lawyers to be honest in court representations and to correct any false statements promptly |
| How should a lawyer end representation ethically? | Give reasonable notice return property refund unearned fees and minimize harm to the client |
| How should a lawyer safeguard client property and funds? | Maintain separate accounts promptly deliver funds and keep accurate records |
| How should conflicts of interest be handled in legal practice? | By identifying potential conflicts and obtaining informed consent or declining representation when necessary |
| What are ethical requirements for legal fee arrangements? | Fees must be reasonable clearly explained and documented as required by the rules |
| What are the ethical considerations for lawyer advertising and solicitation? | Ensuring advertising is truthful, non-deceptive, and does not create unjustified expectations about services |
| What constitutes attorney-client privilege? | Protection of confidential communications between a lawyer and their client made for the purpose of obtaining legal advice |
| What counts as professional misconduct under ethics rules? | Conduct involving dishonesty fraud or actions that undermine justice or the profession |
| What is client confidentiality in legal ethics? | Obligation to protect client information and communications except in certain legally permitted situations |
| What is the duty of competence in legal ethics? | Duty to provide diligent and knowledgeable legal representation based on adequate preparation and research |
| What is the duty of fairness to opposing counsel and parties? | Avoid frivolous or obstructive tactics and be truthful in communications and evidence handling |
| What is the duty of supervisory responsibility in legal ethics? | Ensuring subordinates comply with ethical duties and taking remedial measures for any misconduct |
| What is the no contact rule regarding represented parties? | Prohibits communication with a represented person without that persons lawyers consent |
| What is the significance of the Model Rules of Professional Conduct in legal ethics? | They set the standard for ethical practice and professional responsibility in the legal profession |
| When can a lawyer disclose confidential client information? | When required by law or court order or to prevent substantial harm or client fraud |
| When must an attorney withdraw from representation? | If continued representation violates the rules if the attorney is impaired or if the client fires the attorney |
| Why is maintaining attorney independence critical in legal ethics? | To ensure that legal decisions are based solely on professional judgment free from external influences or personal interests |
Front
How should a lawyer end representation ethically?
Click the card to flip
Back
Give reasonable notice return property refund unearned fees and minimize harm to the client
Front
How can lawyers avoid common ethical pitfalls in practice?
Back
By staying informed of current rules, engaging in regular ethics training, and seeking guidance when ethical dilemmas arise
Front
What is the duty of supervisory responsibility in legal ethics?
Back
Ensuring subordinates comply with ethical duties and taking remedial measures for any misconduct
Front
What is the duty of fairness to opposing counsel and parties?
Back
Avoid frivolous or obstructive tactics and be truthful in communications and evidence handling
Front
How do ethical decision-making processes assist lawyers facing dilemmas?
Back
They provide structured frameworks to analyze situations, consider relevant rules, and determine appropriate actions
Front
What are the ethical considerations for lawyer advertising and solicitation?
Back
Ensuring advertising is truthful, non-deceptive, and does not create unjustified expectations about services
Front
What is the duty of competence in legal ethics?
Back
Duty to provide diligent and knowledgeable legal representation based on adequate preparation and research
Front
What is the significance of the Model Rules of Professional Conduct in legal ethics?
Back
They set the standard for ethical practice and professional responsibility in the legal profession
Front
How does the duty of candor to the tribunal impact legal practice?
Back
It requires lawyers to be honest in court representations and to correct any false statements promptly
Front
How should a lawyer safeguard client property and funds?
Back
Maintain separate accounts promptly deliver funds and keep accurate records
Front
What counts as professional misconduct under ethics rules?
Back
Conduct involving dishonesty fraud or actions that undermine justice or the profession
Front
When can a lawyer disclose confidential client information?
Back
When required by law or court order or to prevent substantial harm or client fraud
Front
What constitutes attorney-client privilege?
Back
Protection of confidential communications between a lawyer and their client made for the purpose of obtaining legal advice
Front
When must an attorney withdraw from representation?
Back
If continued representation violates the rules if the attorney is impaired or if the client fires the attorney
Front
What is client confidentiality in legal ethics?
Back
Obligation to protect client information and communications except in certain legally permitted situations
Front
What are ethical requirements for legal fee arrangements?
Back
Fees must be reasonable clearly explained and documented as required by the rules
Front
How does imputed disqualification address conflicts of interest?
Back
A conflict for one lawyer may extend to others in the firm unless effective screening is implemented
Front
What is the no contact rule regarding represented parties?
Back
Prohibits communication with a represented person without that persons lawyers consent
Front
Why is maintaining attorney independence critical in legal ethics?
Back
To ensure that legal decisions are based solely on professional judgment free from external influences or personal interests
Front
How should conflicts of interest be handled in legal practice?
Back
By identifying potential conflicts and obtaining informed consent or declining representation when necessary
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This deck dives into key ethical rules and dilemmas encountered in practice, providing approachable explanations of professional responsibility topics and highlighting common pitfalls and ethical decision processes.