RPC Questions and Answers
1.0b
Confirmed in writing. If not feasible at time of consent, then obtain at a reasonable time (may act in reliance during this period)
1.0d
Fraud (law + purpose to deceive). Damages or reliance on misrepresentation not necessary
1.0e
Informed consent. C...
RPC Questions and Answers
1.0b - answer Confirmed in writing. If not feasible at time of consent, then obtain at a
reasonable time (may act in reliance during this period)
1.0d - answer Fraud (law + purpose to deceive). Damages or reliance on
misrepresentation not necessary
1.0e - answer Informed consent. Cannot be assumed by silence; can infer from
conduct who has adequate info; need not inform client of facts already known to them
BUT then assume the risk (consider client's knowledge of law, independently
represented for consent)
1.0f - answer Know. Actual knowledge; can be inferred from circumstances
1.0k - answer Screened. Screening of personally disqualified lawyer can remove
imputation of a conflict of interest
1.0m - answer Tribunal. Court/arbitrator; administrative agency; legislative body in
adjudicative capacity (neutral official renders binding legal judgment
1.1 - answer Competence
1.1 Competence - answer Provide representation that is competent (legal
knowledge, skill, thoroughness, prep); stay abreast of changes in law (can handle
unfamiliar areas)
1.1 Competence considerations - answer Complexity and nature of matter,
experience and training, time to devote, feasibility to consult with another
1.1 Competence - referring to experts - answer If expert is outside of firm -->
reasonably believe he will contribute to competent & ethical representation + obtain
informed consent from client
1.2 - answer Scope of Representation & Allocation of Authority Between Client and
Lawyer
1.2a - answer Duty to abide by client's decisions and consult with client (required by
1.4). May take action on client's behalf as is impliedly authorized. If authorized to take
action without further consultation --> can rely on but must inform if material change
1.2a if there's disagreement - answer Reference other law; seek mutually acceptable
resolution. If fundamental disagreement --> can withdraw (1.16b4). Client can discharge
lawyer (1.16a3)
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