PR Final Day Review

PR Final Day Review 30 MC 1 Essay Judges Disqualify v. Recusal A judge may not be involved in a continuing business relationship with another attorney or anyone likely to come up in front of the court. Review Stuff for Final    Test for determining if there is a atty client relationship o The reasonable client standard o Keep in mind diligence and competence Know difference b/t different types of sanctions/punishments Confidentiality o Atty/Client, WP, Duty of Confidentiality under the ethical rules  A/C, WP during litigation  Duty of Confidentiality always o Rule 1.6 FL differences (Know) o When is protection against disclosure is waived  Presence of third party and one other o Representing Corp or other org  Know when privilege applies to lower level employees  COmm concern matters within scope of employees duty and knows that information gathered for corp in litigation  Privilege is to corp not individuals o Common Interest Exception to third party disclosure  Joint Defense Privlige o Crime/Fraud Exception o Interplay between 1.6 and 1.2(d)  1.6 commenst 7,8 o Distinction b/t crime/fraud past v. current or future o 1.13 o 4.1(b) o FL version of 1.13 When client commits perjury o 3.3 comment 8 o Know means actual knowledge If client wants to lie o 3.3 comments 5-9 o Testimony in the form of narrative o 3.3 comment 10 o 3.3 FL v. Model Rules                  o MR stops at conclusion FL continues Remember 1.13 steps know FL version of those Disclosing adverse facts and law o There will be a question about ethics and negotiations o 3.8(d) o 3.3(a)(2) o 3.3(a)(1) o 3.3 comment 3 o 3.3 comment 10 o 3.4(d) o 1.2(d) Presenting analysis v. recommending means by which crime may be conducted Handling Physical Evidence o 3.4(a) o Generally not the subject of atty client privilege Prosecutors o When they leave (1.11) o Crusading Prosecutor (3.6) o Prosecuting without probable cause 3.8(a) 6.2(b) Court Appointment o 6.2 Comment 2 Advertising Questions o 7.1-7.5 o Different from current clients o Know Basic FL Checklist Client Settlement Authority o Client has the authority o 1.3 comment 3 o 1.4 requires to reasonable consult Authority to enter plea in criminal context Conducting negotiations 1.4 comment 5 Prosecutors and plea bargaining o Must be willing to talk and defense must participate o Don’t have to agree Contact with represented v. unrepresented o 4.2 o Comment 7 4.3 remember limits to unrepresented person Conflicts of Interest o Current 1.7 o 1.7(a) o 1.7(b) o Confirmed in writing o Waiver of conflict unless facts surrounding waiver have changed o When cannot you not waive conflict             Conflicts in Criminal Cases o 1.7 comment 16, 23 o Standards are in federal rule of criminal procedure 44(c) o Higher standard for criminal cases o Separate rep required with multiple defendants in capital cases Former Clients o 1.9 o Comment 2 o Comment 3 1.10 (imputed disqualification) see exceptions FEES 1.15 o Don’t worry so much about the factors o When are contingency fees prohibited? o Returning unspent retainer o Know 1.8 generally specifically 1.8(i) o Collection of a Fee (1.6) o Can suspend confidentiality to resolve fee dispute o Liens (retaining v. charging) o Fee Sharing  1.5(e)(2)  1.5(e)(1) Paying a witness o 3.4()() o Cannot be contingent on outcome o 1.15 safekeeping property/funds  Safeguarded and separate from lawyer no commingling Fees in dispute Withdrawing from rep o Required v. permissible (1.16) Issues of Law firm management o Profits, naming o 5.1(a)-5.3 o Supervision o 5.4 and 5.7 Multi jurisdictional practice 8.3 duty to report misconduct o Cannon 3(e) 3(f) (5)(a)(1) WONT BE COVERED Bar admissions o 8 factors for fees o Not a whole lot about insurance (maybe atty leaving insurance to rep pl) o Legal Opinions o Verdict that may be tainted contact jury o Lawyer as witness o Duty to see justice done o Billiable hour requirements/salary o Maybe one question about leaving firm (in context of conflict) o Pro Bono