NCA Professional Responsibility flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Informed consent

A client's agreement to a proposed course of conduct after the lawyer has communicated adequate information about the material risks and reasonably available alternatives.

Confirmed in writing

Informed consent that is given orally and then promptly memorialized in writing, or that is given in a writing the client signs.

Concurrent conflict

A conflict arising when representation of one client is directly adverse to another client, or when there is a significant risk that responsibilities will materially limit the representation.

Former-client conflict

A conflict barring materially adverse representation in the same or a substantially related matter without informed consent, and barring use of former-client information to that client's disadvantage.

Imputation of conflicts

The rule that a conflict of one lawyer in a firm is attributed to all firm lawyers, subject to screening and notice exceptions in defined circumstances.

Duty of competence

The obligation to provide legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation, including keeping abreast of relevant law and practice.

Duty of diligence

The obligation to act with reasonable promptness and to keep the client reasonably informed about the status of the matter and significant developments.

Confidentiality scope

The professional-duty protection covering all information relating to the representation, broader than the evidentiary privilege, which covers only confidential client communications.

Permissive disclosure

Discretionary disclosure of client information allowed to prevent reasonably certain death or substantial bodily harm, to prevent certain crimes or frauds, or to defend against client claims.

Reasonable fee

A fee judged by factors including time, novelty, skill required, customary charges, amount at stake, results obtained, time limits, and the nature of the professional relationship.

Contingent fee limits

A fee contingent on outcome is prohibited in criminal matters and in domestic-relations matters where the fee depends on securing a divorce, alimony, or property settlement.

Candor to tribunal

The duty to avoid knowingly false statements of fact or law and to correct prior false statements, including disclosure when necessary to remedy a fraud on the court.

False evidence duty

A lawyer who knows a client intends to testify falsely must attempt to persuade the client not to, and may seek to withdraw if persuasion fails.

Criminal or fraudulent conduct

A lawyer may not knowingly counsel or assist a client in conduct the lawyer knows is criminal or fraudulent, but may discuss consequences and test the law's validity.

Ex parte contact ban

The prohibition on communicating about the subject of the representation with a person the lawyer knows is represented by counsel, absent consent or legal authorization.

Represented organization contact

Contact with a represented organization is limited to persons whose statements may bind the organization or whose acts may be imputed to it, absent consent or legal authorization.

Truthfulness to others

The rule barring knowingly false statements of material fact or law to third persons and statements implying improper influence over a tribunal or official.

Trust account commingling

The prohibition on mixing client funds with lawyer or firm funds, except funds reasonably sufficient to pay bank charges and funds in which clients have a beneficial interest.

Advance fee retainers

Funds paid in advance are generally client property until earned and unearned portions are refundable, unless the agreement validly provides otherwise.

Managerial supervision

The duty of a lawyer with managerial authority to make reasonable efforts to ensure the firm has measures giving reasonable assurance that lawyers conform to the rules.

Subordinate lawyer duty

A subordinate lawyer must conform to the rules even when acting at another's direction, but is not liable for following a supervisory lawyer's reasonable resolution of an arguable question.

Solicitation prohibition

In-person or live telephone solicitation of a prospective client for pecuniary gain is prohibited unless the recipient is a lawyer, close family, or a prior professional contact.

Advertising truthfulness

Lawyer communications about services must not be false or misleading, must not create unjustified expectations, and must not omit facts necessary to avoid misleading recipients.

Withdrawal for cause

A lawyer must withdraw when continuing would violate the rules or law, when the lawyer's condition impairs representation, or when the lawyer is discharged by the client.

Permissive withdrawal

Withdrawal is allowed when the client persists in criminal or fraudulent conduct, uses the lawyer's services to perpetrate a crime, or makes representation unreasonably difficult.

Frivolous claims rule

A lawyer must not bring or defend a proceeding unless there is a basis for doing so that is not frivolous, which includes a good-faith argument for extension or reversal of existing law.

Fairness to opposing party

A lawyer must not obstruct another party's access to evidence or unlawfully alter, destroy, or conceal material with potential evidentiary value.

Third-party neutrality

When a lawyer represents an organization, the lawyer represents the entity, not its officers, directors, employees, or shareholders, and must explain this identity of the client.

Client communications duty

The lawyer must keep the client reasonably informed, promptly comply with reasonable information requests, and explain matters sufficiently for informed decisions.

Safekeeping property

Client and third-person funds must be held in a separate trust account, with disputed portions kept separate until the dispute is resolved.

Prospective client duty

A person who consults a lawyer about forming a relationship is a prospective client, and information learned may not be used to that person's disadvantage.

Personal interest conflict

A conflict arising from the lawyer's own financial, business, property, or personal interests, requiring reasonable belief of no impairment and informed consent.