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Prof. Ethics and Liability crossword questions and terminology

Terms in this set (108)

Conduct that is considered opposite to community standards of justice, honesty, or good morals (i.e. filing fraudulent income tax returns, etc.)
Moral Turpitude
States in general terms the standards of professional conduct expected of lawyers in their relationships with the public, the legal system, and other legal professionals
canon
Temporary inability to practice law
suspension
When bar membership is mandatory for practicing law in the state
integrated Bar
Rules which if violated are unethical as a matter of law
disciplinary rule
Voluntary organization of lawyers from across the country; has the goal to serve the legal profession
American Bar Association
An association of lawyers; may be mandatory or voluntary
Bar association
A person has regained good moral character; a person has changed for the better
rehabilitation
An admonishment by the regulatory body
Reprimand
A course of action taken by a government for the good of the people; reason for a good moral character requirement
Public policy
Permanent prohibition on practicing law
Disbarment
Reasons for the canons and guidelines that lawyers may consider while making ethical assessments
Ethical consideration
Designation used by lawyers
Esquire
Typically written by state or local bar associations on ethical issues; can be formal or informal
Ethics opinion
The voluntary surrender of a known right or privilege; can be formal or casual
Waiver
Rule that mandates that activities performed by lay people in the course of business that would ordinarily be considered the practice of law by are incidental to functions properly performed by them exempt from unauthorized practice if law prohibitions
Incidental
Using a network of remote servers hosted on the internet to store, manage, and process data, rather than a local server
Cloud computing
Outsourcing to companies outside of the United States
Offsourcing
Work produced by a lawyer or his agent
Work product
Where the software application utilized by the user is hosted by a service provider on a network outside the user's place of business
SAAS
Writs that are used to restrain corporations from exceeding their chartered purposes; action brought by the attorney general on behalf of the public to prevent corporations from practicing law incident to their primary purpose
Quo Warranto
"In a dark room"; in private, without disclosing to the attorneys or parties
In camera
Theory that covers most instances of the paralegal giving legal advice to the client
Conduit
Sending work that was once done in-house to an outside vendor to be done
Outsourcing
Data about data: used to provide information about the contents of any form of media
.
Metadata
An amount equal to three times the actual amount of damages.
Treble damages
denotes that the person involved actually supposed tthe fact in question to be true. A person's belief may be inferred from circumstances.
"Belief" or "believes"
denotes communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question.
"Consult" or "consultation"
when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. See "informed consent" below. If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time.
"Confirmed in writing,"
denotes a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship, or other association authorized to practice law; or lawyers employed in the legal department of a corporation or other organization.
"Firm" or "law firm"
denotes conduct having a purpose to deceive and not merely negligent misrepresentation or failure to apprise another of relevant informat
"Fraud" or "fraudulent"
denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.
"Informed consent"
denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.
"Knowingly," "known," or "knows"
denotes a person who is a member of The Florida Bar or otherwise authorized to practice in the state of Florida.
"Lawyer"
denotes a member of a partnership and a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law.
"Partner"
when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.
"Reasonable" or "reasonably
when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable. RRTFB September 17, 2018
"Reasonable belief" or "reasonably believes"
when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.
"Reasonably should know"
denotes the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these rules or other law.
"Screened"
when used in reference to degree or extent denotes a material matter of clear and weighty importance.
"Substantial"
denotes a court, an arbitrator in a binding arbitration proceeding, or a legislative body, administrative agency, or other body acting in an adjudicative capacity. A legislative body, administrative agency, or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party's interests in a particular matter.
"Tribunal"
denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or video recording, and electronic communications. A "signed" writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing
Writing" or "written"
-Voluntary association
-Has many committees on all areas of the law
-Has created "models" or sample rules of ethics
-Usually called "the ABA"
American Bar Association
means that some other organization regulates lawyers in that state
"Non-integrated bar"
Rules of Ethics are not
Found in one place
Rules of ethics can be found in (1)
Evidence Code
Rules of ethics can be found in (2)
Probate Code
Rules of ethics can be found in (3)
Business and Profession
Rules of ethics can be found in (4)
State Court Rules
Rules of ethics can be found in (5)
Federal Court Rules
The Rules of Ethics are not the rules of
Morality
Most of the rules of ethics written for lawyers apply to
Paralegals
T/F Paralegals must keep client secrets confidential
True
T/F Paralegals do not have a duty to keep fair time sheets
False
T/F Paralegals have the duty to supervise their fellow paralegals
False
T/F Paralegals are allowed to accept referral fees
False
T/F Paralegals cannot advertise directly to the public, but that is highly regulated, too
True
Lawyer rules first appeared
1900-ish
________ wrote a sample and _________ used them to write their own laws
ABA; States
_________ ABA wrote a new model "Model Code of Professional Responsibility" - used as a model by 49 states (not CA)
1960's
______ ABA wrote new model "Model Rules of Professional Conduct"
1980's
Latest revision
2002-ish
Graduate from a 4 year college and then a three year law school
Step 1 of becoming a lawyer
Pass a "bar examination"
Step 2 of becoming a lawyer
Pass the "good moral character" check
Step 3 of becoming a lawyer
Be a member of the bar?
Step 4 of becoming a lawyer (Only in some states.)
-ABA ethics experts get an idea for a new rule and create a sample or "model"
-Your state legislature, Supreme Court, or state bar likes the new law
-Your state adopts either what the -ABA wrote or something similar
The ABA Model has no force of law it's just a model
How making a rule for lawyers works
-"Disciplinary authority"
-Receives complaint
-Investigates
-Files an action
-Holds hearings
-Disciplines or not
How Lawyers are disciplined
What happens if lawyers violate the rules of Ethics? Lawyers can be (1)
Disbarred
What happens if lawyers violate the rules of Ethics? Lawyers can be (2)
Suspended
What happens if lawyers violate the rules of Ethics? Lawyers can be (3)
Fined
What happens if lawyers violate the rules of Ethics? Lawyers can be (4)
sanctioned by the bar
What happens if lawyers violate the rules of Ethics? Lawyers can be (5)
sanctioned by the court
What happens if lawyers violate the rules of Ethics? Lawyers can be (6)
Probation
-National Association of Legal Assistants
(www.nala.org);
-NALS (www.nals.org);
-National Federation of Paralegal Associations (www.paralegals.org)
National Paralegal Association
T/F To practice law, one: Does have to be an "intern" or an "apprentice"
False
T/F To practice law one: Can just get sworn in and start doing it.
True
T/F To practice law one: Just has to continue to pay bar dues and stay out of trouble
True
The application of a rule of law to a particular person's facts and giving a response
The practice of Law
-Improper to practice law without a license
This one gets you in trouble;
-Improper to assist someone who doesn't have a license in the practice of law; This one gets your boss in trouble
Modern view of UPL
Representing others in court; Giving legal advice; Creating legal documents
Traditional categories of UPL
T/F Paralegals are used to "create" legal documents; however only lawyers can sign those documents
True
Representing yourself; Law students; Some administrative agencies; The incidental-to rule; The conduit theory
Traditional exceptions to UPL
T/F straight up typing what the client tells you to type is UPL
False
T/F corporations have no right of self-representation
True
T/F It is improper for a lawyer to be in a business relationship (partnership, LLC, corporation) with a non-lawyer if that organization will be practicing law
True
District attorney; State Bar; Private law firm
Those who will prosecute you for UPL
misleading the client into thinking that you are licensed to practice law
Misrepresentation
T/F It is illegal for a lawyer to practice law in a jurisdiction (state) where not licensed
True
T/F It is legal for a lawyer to "represent that the lawyer is admitted to practice in this jurisdiction."
False
T/F It is unlawful for a disbarred or suspended lawyer to continue to "hold oneself out be be entitled to practice law"
True
a lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
Rule 8.4
T/F Paralegals do not have to disclose that they are paralegals
False
T/F Lawyers have to disclose that they are attorneys
False
T/F Your legal team may release information after consulting with the client
True
T/F You can violate confidentiality when your client is going to commit a crime/ use the law firm to commit a crime
True
T/F Destruction of client documents must not be confetti shredded
False
everyone who works in the law office and their experts and other consultants
Who the duty applies too
A privilege is a right that is given to particular people under particular situations
Evidentiary privilege
an evidentiary privilege (a law - typically statutory) that permits an objection to the introduction of certain evidence
A/C privilege
T/F A/C privilege can be used to protect pre-existing documents
False
T/F The privilege does not cover communication exchanges that do not relate to legal advice
True
T/F In some states, A/C privilege does protect the lawyer's response to a request for legal advice (except insofar as the response restates the request for advice)
False
T/F A/C privilege does not cover information that is not kept secret. If the client (or legal team) has released this information to outsiders, it is no longer subject to the privilege
True
T/F The attorney-client privilege does apply if the client is using the law firm to commit a fraud
False
T/F The privilege is lost if the evidence is shared with people outside of the need to know circle
True
-A claim must be express (This material is protected from disclosure under the attorney-client privilege.)
-To claim privilege for a document: expressly state the privilege and describe the document (or tangible evidence) so that it can be identified, but without disclosing the content
How to claim the privilege
-Protects our "work product" from disclosure;
-Work product is the stuff we create on the job in anticipation of litigation;
-Includes: legal and factual memorandum, legal research, drafts of documents that are filed or served, mental impressions, conclusions,opinions, legal theories
Work Product Privilege
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