20791984
Description
Flashcards by JD Advising, updated more than 1 year ago
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Created by JD Advising
almost 5 years ago
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| Question | Answer |
| What is a lawyer’s duty to provide pro bono legal services? | Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least 50 hours of pro bono public legal services per year. |
| What conflict of interest rules govern a lawyer’s limited representation sponsored by a nonprofit organization or court? | A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term, limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter: a) is subject to conflict rules only if the lawyer knows that the representation of the client involves a conflict of interest, and b) is subject to Rule 1.10 (the imputation rule) only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by the conflict rules with respect to the matter. |
| When can a lawyer withdraw from or refuse an appointment? | A lawyer shall not seek to avoid appointment by a tribunal to represent a person, except for good cause, such as: a) Representing the client is likely to result in violation of the MRPC or other law (i.e., a conflict or if the lawyer cannot handle the matter competently). b) Representing the client is likely to result in an unreasonable financial burden on the lawyer. c) The client or the case is so repugnant to the lawyer as to be likely to impair the lawyer-client relationship or the lawyer's ability to represent the client. |
| When may a lawyer serve in a legal service organization, despite a conflict of interest with another client? | A lawyer may serve as a director, officer, or member of a legal services organization, apart from the law firm in which the lawyer practices, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer. However, the lawyer shall not knowingly participate in a decision or action of the organization: a) if participating in the decision or action would be incompatible with the lawyer's obligations to a client under the present conflict of interest rules (Rule 1.7), or b) where the decision or action could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the lawyer. |
| When may a lawyer engage in law reform activities, despite a conflict of interest with a lawyer’s client’s interests? | A lawyer may serve as a director, officer, or member of an organization involved in reform of the law or its administration, notwithstanding that the reform may negatively or positively affect the interests of a client of the lawyer. When the lawyer knows that the interests of a client may be materially benefited by a decision in which the lawyer participates, the lawyer shall disclose that fact, but need not identify the client. |
| What kinds of criticism of judges and adjudicating officials is prohibited? | A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, an adjudicatory officer, a public legal officer, or a candidate for election or appointment to judicial or legal office. Note: in other words, lawyers are allowed to freely express their experiences with and about judges, for example, if they are based on the lawyer’s personal experiences and not made up. |
| How does making political contributions affect a lawyer’s obligation to accept appointments? | A lawyer or law firm shall not accept a governmental legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment. Those appointments or engagements do not include: a) substantially uncompensated services; b) engagements or appointments made on the basis of experience, expertise, professional qualifications, and cost following a request for proposal or other process that is free from influence based upon political contributions; and c) engagements or appointments made on a rotational basis from a list compiled without regard to political contributions. |
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