PL Ethics Herzing University Final Exam Study Guide Graded A+

ABA Model Rule 1.5 States; - Answer-"A paralegal shall preserve all confidential information provided by the client or acquired from other sources before, during, and after the course of the professional relationship." Fees Agreement Are; - Answer-• Fees are whatthe lawyer's and paralegal's time and efforts are worth • Fees could be hourly, contingent, or fixed • Clients intuitively understand that they will owe legal fees. Conflict of interest between clients (what can you do or not do) - Answer-No , you may not service clients if conflict of interest is present. Lawyer must decline both offers. Paralegal & Legal Assisting screening (process, how do you screen, why do you screen) - Answer-• The ABA issued an ethics opinion in 1988 that approved the use of screens for nonlawyer employees (such as paralegals and investigators) moving between firms who are representing opposing clients, as long as the nonlawyer employees did not work on both sides of the same matter. • Why Screen? to protect client confidences and to protect the employability of highly skilled nonlawyer employees, who would otherwise lose their chance of being hired at other firms if they were held to the same imputed disqualification standards as lawyers. helps ensure lawyer employment mobility. Paralegal Screening Process; - Answer-The screen is put in place at the time the tainted legal assistant moves to the new firm 2.The legal assistant signs an affidavit declaring that he or she will have no involvement in the case that is the subject of the conflict controversy and that no information from the former firm's client has been, or will be, disclosed to anyone at the new firm 3.The new firm physically separates the legal assistant from the lawyer or lawyers working on the affected case4.The new firm instructs all members, particularly those working on the case, not to discuss the affected case with the legal assistant 5.A memo is sent to all members of the firm confirming the screening instructions 6.A letter is sent to the legal assistant's former firm, informing it of the screening measures that are in place to protect against any breech of confidentiality Conflict Of Interest Between Clients(2); - Answer-• a former client is not owed the same conflicts of interest duty as owed a current client. • MR 1.18 prohibits a lawyer from representing someone opposing the prospective client in the same matter only if what the lawyer learned in the initial discussion with the prospective client would be "significantly harmful to that person...." 1.18(c). • One way a lawyer can seek immunization from a future conflict of interest problem is to advise the prospective client that the interview will only go so far as to see if any information elicited gives rise to a conflict of interest with one of the lawyer's (or firms') current (or former) clients. A lawyer can also require that the interview take place only under the condition that whatever the lawyer learns does not prevent him or her from representing someone else, although not every jurisdiction approves of such a forced waiver. Inadvertent disclosure (definition & ABA's View) - Answer-• An unintended disclosure of privileged, confidential, or work product information to the opposing side. • the ABA is working on revisions to the current Model Rules of Professional Conduct, a process known as Ethics 20/20. One of the recommended changes to the Model Rules concerns MR 1.6, where the Ethics 20/20 Commission has put forward a new MR 1.6(c) that would say, "A lawyer shall make reasonable efforts to prevent the inadvertent disclosure of, or unauthorized access to, information relating to the representation of a client. What to do if inadvertent disclosure occurs; - Answer-The ABA reached the conclusion that if a lawyer receives information from the opposing party that the lawyer believes to be confidential or protected, the lawyer should: (a) refrain from further examining the materials; (b) inform the lawyer who sent the materials; and (c) abide by the wishes of the sending lawyer.As a general rule the entire law firm may not represent a client of conflict of interest occurs. The entire firm is disqualified. True or False? - Answer-True Unauthorized Practice of Law (UPL) - Answer-• The performance of actions defined by a legal authority, such as a state legislature, as constituting the "practice of law" without authorization to do so. Lawyers must obey the ABA Model rules? - Answer-True ABA Model Rule 5.3 - Answer-makes a lawyer responsible for the paralegal's misconduct when the lawyer has some direct hand in the misconduct—either through ordering or ratifying it—or when the lawyer does nothing to amend for or lessen the misconduct. Can suspended lawyers work as a paralegal? - Answer-No Can lawyers give financial assistance too a client? - Answer-No Confidentiality disclosures (when can and can you not do it) - Answer-You can disclose information if - lawyers are allowed to divulge such client information as would be required to carry out the representation. - in order to prevent a client from committing a future criminal act - in order to get paid If you graduate from an ABA accredited law school can you practice without taking the the bar exam? - Answer-No Advertisement and solicitation - Answer-Lawyers may not solicit to new clients. Advertising may not be misleading, inappropriate, in comparison to another lawyer etc.,Radio advertising - Answer-As long as an advertisement is in compliance with the ethics rules, an attorney may advertise in print, on the radio, on television, and on the Internet.