CLEC flashcards

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

Rule 1.6 Confidentiality Scope

The duty covers all information relating to the representation, whatever its source, whether or not privileged, and continues after the relationship ends.

Attorney-Client Privilege

A rule of evidence protecting confidential communications between client and lawyer made to obtain legal advice; it does not cover facts the client communicates to others.

Prospective Client Duty

Under Rule 1.18, a lawyer who consults with a prospective client owes a duty of confidentiality even if no representation follows, and may be disqualified if disqualified information is received.

Rule 1.6(b) Discretionary Disclosure

A lawyer may reveal information to prevent reasonably certain death or substantial bodily harm, prevent or rectify a client's fraud, or comply with law, but disclosure is permissive unless law requires it.

Informed Consent Confirmed in Writing

The client's agreement after the lawyer communicates adequate information about the material risks and alternatives, evidenced by a signed writing or the client's written assent.

Concurrent Conflict

A conflict under Rule 1.7 where the representation of one client will be directly adverse to another or materially limited by responsibilities to another client or third person.

Former Client Conflict

Under Rule 1.9, a lawyer may not represent a client adverse to a former client in the same or a substantially related matter without informed consent confirmed in writing.

Imputation of Conflicts

Rule 1.10 imputes one lawyer's disqualification to the entire firm, subject to screening and no-fee-apportionment exceptions for personally disqualified lawyers.

Business Transaction with Client

Under Rule 1.8(a), permitted only if terms are fair, the client is advised in writing to seek independent counsel, and the client gives informed consent confirmed in writing.

Rule 1.1 Competence

The lawyer must provide the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation, including understanding relevant technology or associating with someone who does.

Rule 1.3 Diligence

The lawyer must act with reasonable diligence and promptness, continuing through appeal and not neglecting the matter even if the client fails to pay.

Rule 1.4 Communication

The lawyer must keep the client reasonably informed, promptly respond to reasonable requests, and explain matters sufficiently for the client to make informed decisions.

Mandatory Withdrawal

Under Rule 1.16(a), a lawyer must withdraw if continued representation will violate law or the Rules or if the lawyer's condition materially impairs the representation.

Reasonableness of Fee

Rule 1.5(a) factors include time and labor, novelty, skill required, customary fee, results obtained, experience, and whether the fee is fixed or contingent.

Contingent Fee Writing

A contingent fee must be in a writing signed by the client stating the method of calculation, including expense deductions and any change on appeal.

Contingent Fee Prohibitions

Rule 1.5(d) bars contingent fees in domestic relations matters and in criminal cases, regardless of the client's consent.

Client Trust Account

Under Rule 1.15, client funds must be held separately from the lawyer's funds, with complete records, prompt notice, and prompt delivery of funds the client is entitled to.

Disputed Funds Rule

When a fee is disputed, the disputed portion must remain in trust until the dispute is resolved; the lawyer may withdraw only the undisputed portion.

Rule 3.3 Candor

A lawyer must not knowingly make false statements of fact or law to a tribunal, must correct prior false statements, and must disclose directly adverse controlling authority.

False Testimony Duty

If a client insists on testifying falsely, the lawyer must seek to withdraw and, if that fails, may disclose only the fact of the false testimony to the tribunal.

Rule 4.2 No-Contact Rule

A lawyer may not communicate about the subject of the representation with a person known to be represented, absent the other lawyer's consent or legal authorization.

Inadvertent Document Receipt

Under Rule 4.4(b), a lawyer who receives a document relating to the representation and knows it was inadvertently sent must promptly notify the sender.

Rule 7.1 Misleading Advertising

A communication is false or misleading if it contains a material misrepresentation or omits a fact necessary to make the statement as a whole not misleading.

Rule 7.3 Solicitation

In-person, live telephone, or real-time electronic solicitation for pecuniary gain is prohibited unless the target is a lawyer or has a prior relationship with the lawyer.

Advertising Material Label

Solicitation communications must include the words 'Advertising Material' on the outside envelope and at the beginning and end of recorded or electronic communications.

Rule 8.1 Bar Admission Candor

An applicant must not knowingly make a false statement of material fact or fail to disclose a fact necessary to correct a misapprehension in connection with bar admission.

Rule 8.4(c) Dishonesty

It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, whether in practice or in personal affairs.

Rule 8.3 Reporting Duty

A lawyer who knows of another lawyer's violation raising a substantial question as to honesty, trustworthiness, or fitness must report it to the appropriate professional authority.

Knowledge Standard for Reporting

The reporting duty under Rule 8.3 is triggered by actual knowledge, not mere suspicion, and the report may disclose only information necessary to the report.

Rule 5.1 Managerial Duty

A partner or lawyer with managerial authority must make reasonable efforts to ensure the firm has measures in place giving reasonable assurance of conformity with the Rules.

Rule 5.2 Subordinate Lawyer

A subordinate lawyer does not violate the Rules by acting at a supervisor's direction on a debatable issue, but remains liable for clear violations.

Rule 5.3 Nonlawyer Supervision

A lawyer with managerial authority over nonlawyers must make reasonable efforts to ensure their conduct is compatible with the lawyer's professional obligations.