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Various aspects of legal ethics and professional responsibility for lawyers. It discusses the multistate performance test (mpt), which assesses fundamental lawyering skills, and provides critiques of the bar exam. The document also covers topics such as attorney misconduct, attorney-client relationships, attorney-client privilege, confidentiality, legal malpractice, and attorney advertising rules. The information presented aims to help lawyers and law students understand their ethical obligations and the legal principles that govern the legal profession.
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3 parts to the Uniform Bar Exam (UBE) - Answer>> Multistate Bar exam (MBE) Multistate essay exam Multistate Performance Test (MPT) Multistate Bar Exam - Answer>> MC; focuses on rote memorization of legal principles Downside: not really what it's like to practice law Multistate essay exam - Answer>> Identifies legal issues raised by hypotheticals; tests understanding of fundamental legal principles; ability to separate material that is relevant from material that isn't Multistate Performance Test (MPT) - Answer>> Doesn't require memorization/knowledge of legal facts; assesses fundamental lawyering skills in realistic situations Critiques of the bar exam - Answer>> Expensive Impedes efforts to increase diversity in law Inaccurate measures of professional competence Stresses memorization of the law of nowhere Negatively effects law school curriculum and admission What model rule establishes the regulation of law - Answer>> Rule 8.3--lawyers regulate each other Criteria disciplinary committees look to when evaluating claims - Answer>> Patterns of behavior
info relating to representation of clients; conform to requirements of the law in business and personal matters How does the law protect the public? - Answer>> minimum competence in subject matter; screening applicants for unfit character How is law a ministry - Answer>> Call on people to fix social injustice and oppression Reform the law to give more people access to justice (Enman article) Amos's ideas establish 3 main points about the operation of the legal system - Answer>> 1) if judges and lawyers are corrupt, then parties to lawsuits can't expect fair and impartial proceedings--justice is lost
What criteria can be placed on admission to the legal profession?
exceptions: when attorney acts outside scope of employment; excusable neglect; fiduciary principle is invoked 5 C's of fiduciary duties lawyer owes to cleint - Answer>> Control, communication, competence, confidentiality, conflict of interest (avoid or resolve them) What must be proven for a breach of fiduciary duty claim - Answer>> 1) fiduciary relationship existed
Informally, if there is an understanding that the someone is talking to a lawyer, and the lawyer is giving legal advice that could reasonably be relied on What is a "case within a case" - Answer>> Proving causation for legal malpractice; client has to show by preponderance of the evidence that accused lawyer's conduct fell below standard of acceptable practice for attorney's doing similar work (often verified by an expert) AND that the substandard conduct prevented client from recovering How can an attorney-client relationship be proved? - Answer>> Showing party sought and received advice and assistant from lawyer on legal matters subjective test--look at nature of work performed and the circumstances; will generally favor clients When does an a-c relationship end? - Answer>> Is ongoing once established, until it is clearly established that the relationship can no longer be depended on best practice is to send a letter--have a paper trail Who gets to decide what (attorney vs. client)? - Answer>> Client makes substantive decisions Attorney makes procedural decisions Actual authority - Answer>> Principal intentionally confers authority on an agent
two types of decisions that are made at trial - Answer>> type 1--Decisions implicating defendant's fundamental rights; need to be decided by client type 2--strategic/tactical decisions to be made by attorney (Arko) Types of authority table - Answer>> Express authority --created by: assent of client, manifested to lawyer --grants power to--alter clients' legal rights and obligations within bounds of client's assent Implied authority --created by: implication from assent to client, manifested to lawyer --grants power to: do things necessary to carry out client instruction apparent authority --created by: manifestations by client to 3rd party that their lawyer has authority --grants power to: alter clients legal rights and obligations within bounds of manifestation Privilege - Answer>> Client's right to refuse to disclose and to prevent any other person from disclosing confidential communicnations Factors to establish a-c privilege - Answer>> 1) legal advice is sought
employee's duties; communication isn't disseminated beyond those who need to know Upjohn--no control group test; communications protected bc made to in house counsel at direction of superiors; concerned matters within the scope of duties; employees were aware they were being questioned to receive legal advice Privilege vs. work product - Answer>> Privilege --protects: confidential communications relating to representation --controlled by: client --exceptions: crime fraud, self defense, prevent death or harm work product --protects: mental impression of counsel and other work done on behalf of client in preparation for litigation --controlled by: lawyer --exceptions: crime fraud, self defense When does an attorney owe a duty to a 3rd party - Answer>> 1) invited reliance (ex. opinion letter in Greycas)
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