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Model Rules of Prof’l Conduct r. 1.1 (Am. Bar Ass’n 2016).
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1Under the Model Rules of Professional Conduct (MRPC), does a lawyer have a duty to provide competent representation to every client?
Under the Model Rules of Professional Conduct (MRPC), does a lawyer have a duty to provide competent representation to every client?2What factors do the MRPC identify as relevant in determining whether a lawyer has sufficient knowledge and skill to provide competent representation?
What factors do the MRPC identify as relevant in determining whether a lawyer has sufficient knowledge and skill to provide competent representation?3What factors do the MRPC identify as relevant in determining whether a lawyer has deployed sufficient thoroughness and preparation to provide compe...
What factors do the MRPC identify as relevant in determining whether a lawyer has deployed sufficient thoroughness and preparation to provide competent representation?4Is there a set standard for the amount of preparation a lawyer must do in a matter to provide competent representation?
Is there a set standard for the amount of preparation a lawyer must do in a matter to provide competent representation?5To maintain the level of knowledge and skill necessary for competent representation, must a lawyer keep up with changes in the law and its practice?
To maintain the level of knowledge and skill necessary for competent representation, must a lawyer keep up with changes in the law and its practice?6A lawyer advised a business in employment-law matters. The lawyer assisted the business in terminating an executive for embezzlement. The terminati...
A lawyer advised a business in employment-law matters. The lawyer assisted the business in terminating an executive for embezzlement. The termination agreement, which the lawyer drafted and the parties signed, included a provision requiring both parties to refrain from making any public statements about the executive’s departure. The lawyer knew that the business frequently tweeted about personnel developments. However, the lawyer did not know that a Twitter feed could be publicly accessible and thought that Twitter was for in-house use only. Thus, the lawyer did not advise the business not to tweet about the settlement. After the executive left, the business publicly tweeted a photograph of the executive with the caption, “Goodbye and good riddance.” By failing to warn the business about tweeting, did the lawyer violate her duty of competent representation?7Before a lawyer takes on a client or a matter, must the lawyer assess her own ability to provide competent representation?
Before a lawyer takes on a client or a matter, must the lawyer assess her own ability to provide competent representation?8If a lawyer is not familiar with a particular factual context or a particular area of law, does this necessarily preclude the lawyer from undertaki...
If a lawyer is not familiar with a particular factual context or a particular area of law, does this necessarily preclude the lawyer from undertaking a representation?9A lawyer who had never handled a criminal case was appointed by a court to represent a criminal defendant pro bono. The lawyer had practiced in oth...
A lawyer who had never handled a criminal case was appointed by a court to represent a criminal defendant pro bono. The lawyer had practiced in other areas of law for five years, and she possessed the research, writing, and analytical skills needed for the practice of law.Is it possible for the lawyer to provide competent representation in the criminal-defense matter?10A lawyer graduated from law school and was admitted to the bar. Six months later, a woman asked the lawyer to draft a will on her behalf. The lawye...
A lawyer graduated from law school and was admitted to the bar. Six months later, a woman asked the lawyer to draft a will on her behalf. The lawyer had never drafted a will, but the lawyer had access to authoritative reference materials that, properly utilized, would assist him in preparing a valid will. The lawyer’s legal research, reasoning, and analytical skills were sufficient for the practice of law.May the lawyer take on the representation without violating his professional duties?11In an emergency, may a lawyer provide legal assistance even if the lawyer is not competent in the relevant area of law?
In an emergency, may a lawyer provide legal assistance even if the lawyer is not competent in the relevant area of law?12A lawyer had advised a client on trusts-and-estates matters for 10 years. The client called the lawyer late one evening to ask for urgent advice ab...
A lawyer had advised a client on trusts-and-estates matters for 10 years. The client called the lawyer late one evening to ask for urgent advice about the client’s arrest one hour earlier for driving while intoxicated (DWI). The lawyer had no criminal-law experience. The lawyer told the client that she had no expertise in criminal law or DWI claims, recommended that the client find a competent criminal-defense lawyer as soon as the client was able, and gave the client limited advice in response to the client’s immediate questions.Was the lawyer permitted to provide this advice to the client?13In affiliating with another lawyer to provide competent representation, should a lawyer obtain the client’s informed consent and discuss with the c...
In affiliating with another lawyer to provide competent representation, should a lawyer obtain the client’s informed consent and discuss with the client how responsibility will be allocated among the lawyers?14In affiliating with another lawyer to provide competent representation, should a lawyer do so based on a reasonable belief that the additional lawy...
In affiliating with another lawyer to provide competent representation, should a lawyer do so based on a reasonable belief that the additional lawyer will enhance the provision of competent representation to the client?15A client asked a lawyer to represent her in a complex business transaction. The lawyer had not previously worked on this type of transaction. The l...
A client asked a lawyer to represent her in a complex business transaction. The lawyer had not previously worked on this type of transaction. The lawyer therefore contacted another lawyer in town who had experience in similar transactions to see if he would assist in the matter. The other lawyer agreed, and the first lawyer took on the representation without mentioning the association to the client. The other lawyer attended the first lawyer’s meeting with the client. The client was surprised to see another lawyer and asked why the other lawyer was at the meeting.Did the first lawyer violate his ethical duties by associating with the other lawyer without first informing the client?16Does a lawyer have a duty to act with reasonable diligence and promptness in representing a client?
Does a lawyer have a duty to act with reasonable diligence and promptness in representing a client?17Does a lawyer’s duty of diligence and promptness require a lawyer to seek every possible advantage, even to the point of rudeness or discourtesy?
Does a lawyer’s duty of diligence and promptness require a lawyer to seek every possible advantage, even to the point of rudeness or discourtesy?18Does a lawyer’s duty of diligence and promptness prevent a lawyer from agreeing to a reasonable postponement or extension of a deadline?
Does a lawyer’s duty of diligence and promptness prevent a lawyer from agreeing to a reasonable postponement or extension of a deadline?19If there is doubt as to whether a client-lawyer relationship continues to exist, e.g., whether all matters in the scope of the representation have ...
If there is doubt as to whether a client-lawyer relationship continues to exist, e.g., whether all matters in the scope of the representation have been concluded, should the lawyer clarify matters so that both the client and the lawyer understand the state of the relationship?20If a lawyer is a sole practitioner, might the lawyer’s duty of diligence require the lawyer to prepare a plan for another lawyer to review the sole...
If a lawyer is a sole practitioner, might the lawyer’s duty of diligence require the lawyer to prepare a plan for another lawyer to review the sole practitioner’s client files and notify clients of the sole practitioner’s death or disability?21A lawyer was a sole practitioner. The lawyer learned that he had terminal cancer and had only a few weeks left to live. The lawyer immediately call...
A lawyer was a sole practitioner. The lawyer learned that he had terminal cancer and had only a few weeks left to live. The lawyer immediately called his secretary, who was not a lawyer, and asked her to assemble his client files and notify each client of the lawyer’s impending death.Did this activity likely comply with the lawyer’s duty of diligence?22If a lawyer is disciplined by a bar association or other body for violating the rules of professional conduct, does that discipline typically inclu...
If a lawyer is disciplined by a bar association or other body for violating the rules of professional conduct, does that discipline typically include an award of damages in favor of a client who was harmed by the lawyer’s actions?23What are the elements of a civil claim for professional negligence against a lawyer?
What are the elements of a civil claim for professional negligence against a lawyer?24In general, is a lawyer considered to be a fiduciary of a client?
In general, is a lawyer considered to be a fiduciary of a client?25In addition to professional-negligence liability, is a lawyer subject to civil liability to a client for breach of a fiduciary duty?
In addition to professional-negligence liability, is a lawyer subject to civil liability to a client for breach of a fiduciary duty?26Are both professional-negligence claims and fiduciary-breach claims types of legal-malpractice claims?
Are both professional-negligence claims and fiduciary-breach claims types of legal-malpractice claims?27Is a lawyer generally liable for malpractice if she reasonably believed that her actions were required by law or by a rule of professional conduct?
Is a lawyer generally liable for malpractice if she reasonably believed that her actions were required by law or by a rule of professional conduct?28In the context of a lawyer’s professional negligence, what standard of care is required to satisfy the lawyer’s duty to the client?
In the context of a lawyer’s professional negligence, what standard of care is required to satisfy the lawyer’s duty to the client?29In evaluating whether a lawyer has acted competently as required by the professional-negligence standard of care, will a court essentially ask whet...
In evaluating whether a lawyer has acted competently as required by the professional-negligence standard of care, will a court essentially ask whether the lawyer has acted reasonably under the circumstances?30In evaluating whether a lawyer has acted diligently as required by the professional-negligence standard of care, will a court essentially ask wheth...
In evaluating whether a lawyer has acted diligently as required by the professional-negligence standard of care, will a court essentially ask whether the lawyer has acted reasonably under the circumstances?31In evaluating whether a lawyer has complied with the professional-negligence standard of care, will a court generally compare the lawyer’s actions ...
In evaluating whether a lawyer has complied with the professional-negligence standard of care, will a court generally compare the lawyer’s actions to those of other lawyers in the state in which the lawyer practices?32May a lawyer’s assertions or disclaimers of expertise or ability affect the standard of care applicable to the lawyer’s conduct?
May a lawyer’s assertions or disclaimers of expertise or ability affect the standard of care applicable to the lawyer’s conduct?33In general, does a lawyer breach the professional-negligence standard of care by following the lawful instructions of a properly informed client?
In general, does a lawyer breach the professional-negligence standard of care by following the lawful instructions of a properly informed client?34In general, must a plaintiff in a legal-malpractice action present expert testimony regarding the care required and the defendant’s breach in order...
In general, must a plaintiff in a legal-malpractice action present expert testimony regarding the care required and the defendant’s breach in order to prove the plaintiff’s claim?35In general, does a lawyer’s violation of a statute regulating lawyer conduct or a rule of professional conduct give rise to an implied cause of act...
In general, does a lawyer’s violation of a statute regulating lawyer conduct or a rule of professional conduct give rise to an implied cause of action for malpractice?36In general, does proof of a lawyer’s violation of a statute regulating lawyer conduct or a rule of professional conduct preclude the plaintiff from...
In general, does proof of a lawyer’s violation of a statute regulating lawyer conduct or a rule of professional conduct preclude the plaintiff from offering other proof of the lawyer’s malpractice?37In general, under what circumstances may a trier of fact consider a lawyer’s violation of a statute regulating lawyer conduct or a rule of professi...
In general, under what circumstances may a trier of fact consider a lawyer’s violation of a statute regulating lawyer conduct or a rule of professional conduct in deciding whether a lawyer has committed malpractice?38In the context of professional-negligence liability, does a lawyer owe a duty of care to a prospective client?
In the context of professional-negligence liability, does a lawyer owe a duty of care to a prospective client?39In the context of professional-negligence liability, does a lawyer owe a duty of care to a former client?
In the context of professional-negligence liability, does a lawyer owe a duty of care to a former client?40In general, are the elements of causation and damages in a legal-malpractice case governed by the relevant jurisdiction’s standard laws of causatio...
In general, are the elements of causation and damages in a legal-malpractice case governed by the relevant jurisdiction’s standard laws of causation and damages?41If a plaintiff in a legal-malpractice case alleges that but for the lawyer’s misconduct she would have obtained a more favorable judgment in a civi...
If a plaintiff in a legal-malpractice case alleges that but for the lawyer’s misconduct she would have obtained a more favorable judgment in a civil trial, must the plaintiff relitigate the trial evidence as part of the case against the lawyer?42If a plaintiff in a legal-malpractice case recovers against a lawyer for the loss of a more favorable judgment in a prior case, may the lawyer alwa...
If a plaintiff in a legal-malpractice case recovers against a lawyer for the loss of a more favorable judgment in a prior case, may the lawyer always deduct the lawyer’s fees in the prior case from the award in the malpractice case?43In general, does a client who has been convicted of a crime have a cause of action against his lawyer if, but for the lawyer’s malpractice, the cli...
In general, does a client who has been convicted of a crime have a cause of action against his lawyer if, but for the lawyer’s malpractice, the client would not have been convicted?44In addition to malpractice liability, is a lawyer subject to liability under the normal contract-law principles governing breach of contract in an ...
In addition to malpractice liability, is a lawyer subject to liability under the normal contract-law principles governing breach of contract in an appropriate case?45In holding a lawyer liable for malpractice, may a court generally award equitable remedies instead of, or in addition to, money damages?
In holding a lawyer liable for malpractice, may a court generally award equitable remedies instead of, or in addition to, money damages?46In general, is a law firm vicariously liable for civil wrongs committed by its principals and employees acting in the ordinary course of the firm’s...
In general, is a law firm vicariously liable for civil wrongs committed by its principals and employees acting in the ordinary course of the firm’s business?47In general, is a partner in a law firm that is organized as a general partnership personally liable for civil wrongs committed by the firm, its pri...
In general, is a partner in a law firm that is organized as a general partnership personally liable for civil wrongs committed by the firm, its principals, or its employees?48A lawyer in a large firm represented the husband in a divorce. Another lawyer in the lawyer’s firm agreed to represent the wife in the same divorce...
A lawyer in a large firm represented the husband in a divorce. Another lawyer in the lawyer’s firm agreed to represent the wife in the same divorce. This clear conflict of interest was not detected due to a deficiency in the firm’s process for checking conflicts. The firm was organized as a general partnership, and both lawyers were partners in the firm. Neither lawyer was directly involved in establishing or administering the firm’s conflict-avoidance procedures. In the relevant jurisdiction, the firm’s failure to adequately monitor conflicts of interest was likely sufficient to establish civil liability for malpractice. If the firm is liable for malpractice, will the parties’ lawyers be personally liable for malpractice, despite their lack of involvement in checking for conflicts of interest?49Does a lawyer sometimes owe a duty of care to a nonclient who relies on the lawyer’s opinion or legal services?
Does a lawyer sometimes owe a duty of care to a nonclient who relies on the lawyer’s opinion or legal services?50Does a lawyer sometimes owe a duty of care to a nonclient when the lawyer is performing work that benefits the nonclient?
Does a lawyer sometimes owe a duty of care to a nonclient when the lawyer is performing work that benefits the nonclient?51Does a lawyer sometimes owe a duty of care to a nonclient when the lawyer represents a nonclient’s fiduciary?
Does a lawyer sometimes owe a duty of care to a nonclient when the lawyer represents a nonclient’s fiduciary?52In general, does a lawyer owe a duty of care to an opposing party in litigation or in an arm’s-length transaction?
In general, does a lawyer owe a duty of care to an opposing party in litigation or in an arm’s-length transaction?53A lawyer represented the guardian of an incompetent person’s estate. A minor was the beneficiary of the estate, but the minor was not the lawyer’s ...
A lawyer represented the guardian of an incompetent person’s estate. A minor was the beneficiary of the estate, but the minor was not the lawyer’s client. The guardian was supposed to manage the estate for the benefit of the minor’s health and welfare. The lawyer discovered that the guardian was fraudulently embezzling funds from the estate, which was a breach of the guardian’s fiduciary duty.Does the lawyer have a duty to the minor to rectify the guardian’s breach of fiduciary duty?54In general, if a lawyer assists a client in breaking or refusing to enter into a contract, can the lawyer be held liable for intentional interferen...
In general, if a lawyer assists a client in breaking or refusing to enter into a contract, can the lawyer be held liable for intentional interference with contractual relations?55In general, is a lawyer who initiates court proceedings to obtain criminal prosecution liable to a nonclient for malicious prosecution if the lawye...
In general, is a lawyer who initiates court proceedings to obtain criminal prosecution liable to a nonclient for malicious prosecution if the lawyer acts with probable cause and primarily for the purpose of bringing an offender to justice?56In general, is a lawyer who initiates civil court proceedings liable to a nonclient for the wrongful use of civil litigation if the lawyer acts wit...
In general, is a lawyer who initiates civil court proceedings liable to a nonclient for the wrongful use of civil litigation if the lawyer acts with probable cause or primarily to help the client obtain a proper resolution of the client’s civil claim?57In general, is a lawyer subject to civil liability for publishing material about a nonclient in the course of a court proceeding?
In general, is a lawyer subject to civil liability for publishing material about a nonclient in the course of a court proceeding?58Is the prospective limitation of legal-malpractice claims a favored practice?
Is the prospective limitation of legal-malpractice claims a favored practice?59What restrictions do the MRPC place on a lawyer’s ability to settle legal-malpractice claims?
What restrictions do the MRPC place on a lawyer’s ability to settle legal-malpractice claims?60In what circumstances may a client or former client rescind a settlement agreement that was meant to resolve a malpractice claim against the client...
In what circumstances may a client or former client rescind a settlement agreement that was meant to resolve a malpractice claim against the client’s lawyer?61A client was unhappy with her former lawyer’s representation and filed a civil malpractice claim against the lawyer. Upon learning of the former cl...
A client was unhappy with her former lawyer’s representation and filed a civil malpractice claim against the lawyer. Upon learning of the former client’s claim, the lawyer called the former client and offered to pay her $100,000. The former client quickly accepted. The lawyer then sent the former client a settlement document and a check for $100,000.Has the lawyer engaged in professional misconduct?62In most states, are lawyers required to maintain malpractice insurance?
In most states, are lawyers required to maintain malpractice insurance?63Are lawyers permitted to obtain insurance to protect themselves from negligent conduct committed by themselves or by their agents?
Are lawyers permitted to obtain insurance to protect themselves from negligent conduct committed by themselves or by their agents?64A lawyer was a partner in a large law firm. The lawyer discovered that the firm had allowed its malpractice insurance to lapse. The state in which ...
A lawyer was a partner in a large law firm. The lawyer discovered that the firm had allowed its malpractice insurance to lapse. The state in which the firm had its practice did not require lawyers to maintain malpractice insurance.As a principal of the firm, has the lawyer engaged in professional misconduct by allowing the firm’s malpractice insurance to lapse?