barbri mpre flashcards


Cram has partnered with the National Tutoring Association. Before or w/i reasonable time after representation starts, unless lawyer is charging a regularly represented client on the same basis or rate in subsequent matters. GETTING IN TOUCH

A L or firm must not accept government legal employment or a judicial appointment if the L or firm makes a political contribution for the purpose of obtaining such employment or appointment. A L who represents a C in an adjudicative proceeding must take appropriate measures to prevent any person from committing criminal or fraudulent conduct that will corrupt the proceedings. Under the majority view, sister states accept disciplinary action by one state as conclusive proof of a L’s misconduct, but are free to impose their own sanctions.

Cram.com makes it easy to get the grade you want! Using Names of Ls Who Have Entered Public Service. Rules Applicable to Judges and Candidates Subject to Public Election.
Acquiring Literary or Media Rights Concerning a C’s Case.

Graduation from an ABA accredited law school. The passing score must be achieved within two years before or after the date the applicant passes the bar exam. Examples of good cause: (i) to represent the C would require the L to violate a law or disciplinary rule, (ii) representing the C would impose an unreas. Start studying BarBri - MPRE Exam. In still others, judges are initially appointed and later retained or rejected by the voters.

steps to assure that people who receive the nonlegal services understand that those services are not legal services and that the Rules of Professional Conduct do not cover those services. INABILITY - physical or mental disability prohibits representation, Examples of Frivilious Cases (where you have a duty to reject), ...to assert a position without full substantiation, or even believing, that the position will not ultimately prevail, Ways to get around (or deal with) the fact that you are incompetent in a specific area of the law (A-L-E), Scope, Objectives, and Means of Representation, A lawyer may take action implyably authorized by client (it is implied that you will do "this" as the client's attorney), Decision Making Authority (Actual and Apparent), Examples of Important Decisions (reserved for the Client), Sue, Settle (therefore all offers for settlement MUST be communicated to the Client), Testify, Plea Entered, Jury or Bench (choice of type of trial), Appel, Example of Procedural and Tactical Decisions (reserved for the Attorney), Where to file / which court, Depositions (how many, who), Discovery (interrogatories, who to file against, what documents to request), Continuances (requests), Exceptions to the General Rule of Decisions (General Rule being Important=Cient, Procedural and Tactical = Attorney), 1. The C can almost always revoke a previously given consent to a conflict of interest. You have created 2 folders. steps, then the L is subject to the Rules of Professional Conduct w/ respect to the nonlegal services. When the C is a corporation, the privilege covers communications b/w the L and a high-ranking corporate official.

L must abide by a C’s decisions affecting the C’s substantial legal rights, including: Whether to accept a settlement offer; What plea to enter in a criminal case; Whether to waive a jury trial in a criminal case; Whether the C will testify in a criminal case; and Whether to appeal, L may limit the scope of the representation. Representing Co-Parties in Criminal Litigation: Because the interests of criminal co-defendants are likely to diverge, a L should not try to defend two people in a criminal case.
Relationships w/ Discriminatory Organizations. A private law firm must not use the name of a L who holds public office during any substantial period in which the L is not regularly and actively practicing w/ the firm. If a L is disqualified under this rule, the other Ls in her firm are also disqualified unless the following conditions are met: (i) the L is timely screened off from the matter; (ii) the L is not apportioned any part of the fee earned in the matter; and (iii) written notice is given to the parties and the appropriate tribunal so that they can ensure that the above conditions are met.

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