If a conflict of interest arises during the course of a representation involving a new
client and the lawyer's existing client, the lawyer __________.
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Must withdraw unless he obtains proper informed consent from the new
client and any other affected clients
A lawyer may properly bill a client for:
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, travel time to and from depositions
incidental costs such as photocopying, long distance calls, and computer
research
services provided by third parties such as court reporters, travel agents
and expert witnesses
When a former client has given confidential information to a lawyer, the lawyer
__________ later oppose the former client in any matter in which the confidential
information would be relevant, __________.
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May not; unless the former client gives informed consent, confirmed in
writing
True retainer v. payment in advance
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A true retainer fee is money paid solely to ensure the availability of a
lawyer, whereas an advance is a payment for services yet to be rendered
A contingent fee may be valid even if it is_______.
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a percentage of the amount recovered by the client.
,Lawyer L was hired to represent Plaintiff P in a torts case. Defendant D in the same
litigation approached Lawyer L about representing him as well. Lawyer L believes that
he can competently and diligently represent both parties, so he requested and was
granted informed consent, confirmed in writing, from Plaintiff P and Defendant D
after informing them about the relevant circumstances. May Lawyer L now represent
both Plaintiff P and Defendant D?
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No, because the representation involves asserting a claim by one client
against the other in the same litigation
Attorney Anne worked for the Treasury Department for a number of years, and
helped to draft federal tax regulations. Now Anne is in private practice, and ABC
Farms, a large agricultural business, wants to hire her to dispute a regulation that she
wrote (that was adopted verbatim) on the amortization of farm equipment. May Anne
represent ABC Farms in this matter, assuming the representation is otherwise
permitted by law?
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Yes, because the drafting of general regulations is not a "matter" that
involves specific parties
If two clients in a __________ are represented by the same lawyer, and a potential conflict
between the two ripens into a present conflict, their lawyer is required to (1) analyze
the facts to determine if she can effectively represent both clients, (2) disclose the
potential conflict to both clients, (3) invite them to give her informed consent, and (4)
consider whether a reasonable lawyer would advise these clients to consent.
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, litigation or non-litigation
Rights of a lawyer accused of professional misconduct are....
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1. The right to counsel
2. The right to proper notice
3. The right to cross-examine adverse witnesses
Which of the following statements regarding client consent to conflicts is FALSE?
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A consent provision in a firm's standard engagement letter that states
"Client hereby consents to and waives any and all future conflicts of
interest" represents valid consent to future conflicts
Client C wants to hire Lawyer L to research online sweepstakes laws in all 50 states. L
advises C that this could take as long as 500 hours at the cost of at least $100,000.
Client C asks L to do as much research as he can for up to $20,000. Is this agreement
valid?
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Yes, the agreement is valid
client and the lawyer's existing client, the lawyer __________.
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Must withdraw unless he obtains proper informed consent from the new
client and any other affected clients
A lawyer may properly bill a client for:
Give this one a try later!
, travel time to and from depositions
incidental costs such as photocopying, long distance calls, and computer
research
services provided by third parties such as court reporters, travel agents
and expert witnesses
When a former client has given confidential information to a lawyer, the lawyer
__________ later oppose the former client in any matter in which the confidential
information would be relevant, __________.
Give this one a try later!
May not; unless the former client gives informed consent, confirmed in
writing
True retainer v. payment in advance
Give this one a try later!
A true retainer fee is money paid solely to ensure the availability of a
lawyer, whereas an advance is a payment for services yet to be rendered
A contingent fee may be valid even if it is_______.
Give this one a try later!
a percentage of the amount recovered by the client.
,Lawyer L was hired to represent Plaintiff P in a torts case. Defendant D in the same
litigation approached Lawyer L about representing him as well. Lawyer L believes that
he can competently and diligently represent both parties, so he requested and was
granted informed consent, confirmed in writing, from Plaintiff P and Defendant D
after informing them about the relevant circumstances. May Lawyer L now represent
both Plaintiff P and Defendant D?
Give this one a try later!
No, because the representation involves asserting a claim by one client
against the other in the same litigation
Attorney Anne worked for the Treasury Department for a number of years, and
helped to draft federal tax regulations. Now Anne is in private practice, and ABC
Farms, a large agricultural business, wants to hire her to dispute a regulation that she
wrote (that was adopted verbatim) on the amortization of farm equipment. May Anne
represent ABC Farms in this matter, assuming the representation is otherwise
permitted by law?
Give this one a try later!
Yes, because the drafting of general regulations is not a "matter" that
involves specific parties
If two clients in a __________ are represented by the same lawyer, and a potential conflict
between the two ripens into a present conflict, their lawyer is required to (1) analyze
the facts to determine if she can effectively represent both clients, (2) disclose the
potential conflict to both clients, (3) invite them to give her informed consent, and (4)
consider whether a reasonable lawyer would advise these clients to consent.
Give this one a try later!
, litigation or non-litigation
Rights of a lawyer accused of professional misconduct are....
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1. The right to counsel
2. The right to proper notice
3. The right to cross-examine adverse witnesses
Which of the following statements regarding client consent to conflicts is FALSE?
Give this one a try later!
A consent provision in a firm's standard engagement letter that states
"Client hereby consents to and waives any and all future conflicts of
interest" represents valid consent to future conflicts
Client C wants to hire Lawyer L to research online sweepstakes laws in all 50 states. L
advises C that this could take as long as 500 hours at the cost of at least $100,000.
Client C asks L to do as much research as he can for up to $20,000. Is this agreement
valid?
Give this one a try later!
Yes, the agreement is valid
