Bash, the Crucial Exams Chat Bot
AI Bot
Legal Ethics and Professional Responsibility Review Flashcards
Multistate Bar Examination Flashcards
| Front | Back |
| How can lawyers avoid common ethical pitfalls in practice? | By staying informed of current rules, engaging in regular ethics training, and seeking guidance when ethical dilemmas arise |
| How do ethical decision-making processes assist lawyers facing dilemmas? | They provide structured frameworks to analyze situations, consider relevant rules, and determine appropriate actions |
| How does imputed disqualification address conflicts of interest? | A conflict for one lawyer may extend to others in the firm unless effective screening is implemented |
| How does the duty of candor to the tribunal impact legal practice? | It requires lawyers to be honest in court representations and to correct any false statements promptly |
| How should a lawyer end representation ethically? | Give reasonable notice return property refund unearned fees and minimize harm to the client |
| How should a lawyer safeguard client property and funds? | Maintain separate accounts promptly deliver funds and keep accurate records |
| How should conflicts of interest be handled in legal practice? | By identifying potential conflicts and obtaining informed consent or declining representation when necessary |
| What are ethical requirements for legal fee arrangements? | Fees must be reasonable clearly explained and documented as required by the rules |
| What are the ethical considerations for lawyer advertising and solicitation? | Ensuring advertising is truthful, non-deceptive, and does not create unjustified expectations about services |
| What constitutes attorney-client privilege? | Protection of confidential communications between a lawyer and their client made for the purpose of obtaining legal advice |
| What counts as professional misconduct under ethics rules? | Conduct involving dishonesty fraud or actions that undermine justice or the profession |
| What is client confidentiality in legal ethics? | Obligation to protect client information and communications except in certain legally permitted situations |
| What is the duty of competence in legal ethics? | Duty to provide diligent and knowledgeable legal representation based on adequate preparation and research |
| What is the duty of fairness to opposing counsel and parties? | Avoid frivolous or obstructive tactics and be truthful in communications and evidence handling |
| What is the duty of supervisory responsibility in legal ethics? | Ensuring subordinates comply with ethical duties and taking remedial measures for any misconduct |
| What is the no contact rule regarding represented parties? | Prohibits communication with a represented person without that persons lawyers consent |
| What is the significance of the Model Rules of Professional Conduct in legal ethics? | They set the standard for ethical practice and professional responsibility in the legal profession |
| When can a lawyer disclose confidential client information? | When required by law or court order or to prevent substantial harm or client fraud |
| When must an attorney withdraw from representation? | If continued representation violates the rules if the attorney is impaired or if the client fires the attorney |
| Why is maintaining attorney independence critical in legal ethics? | To ensure that legal decisions are based solely on professional judgment free from external influences or personal interests |
This deck dives into key ethical rules and dilemmas encountered in practice, providing approachable explanations of professional responsibility topics and highlighting common pitfalls and ethical decision processes.