PR SU2008--Dz Rules

PR SU2008--Dz Rules - Summer 2008 Not Tested 1.17...

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Not Tested: 1.17, 2’s (except for 2.2), 3.2, 3.6, 3.8, 4.4, 5.6, 6 rules, Good for Essays: 1.6, 1.7, 1.9, 1.10, 1.13, 1.15, 1.18, 3.3, 3.7, 4.1, unrepresented persons, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.4(a), Sussman Godfrey Hard to Test: 1.3, 1.9 (needs to approve all three standards), 1.11, 1.12 Easy to Test MC/Bright Lines: 1.2, 1.4, 1.5, 1.6, 1.8, 1.10, 1.13, 1.14, 1.15, 1.16, 2.2 (as comments of 1.7), 3.1, 3.3, 3.4, 3.7, 3.9, 4.1, 4.2, 4.3, potential clients, 5.1, 5.2, 5.3, 5.4, 5.5, 5.7, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.1, 8.3, 8.4(a), Sussman Godfrey Hard to test in MC: 1.7 Rules of Professional Conduct MR 1.0 Definitions (p. 75) (b) Confirmed in Writing (e) Informed Consent (h, i, j) Reasonable (k) Screened (m) Tribunal MR 1.1 – Competence (p.81) Rule Lawyer shall provide competent representation which requires legal knowledge, skill, thoroughness and preparation reasonably necessary for representation Comments In determining if sufficient skill consider complexity of the matter specialization, lawyer’s general experience, feasibility of study Don’t necessarily need prior special training Leniency for emergency lawyers Cases Mendicino v. Magagna (p. 189) Disciplinary Board of the Supreme Court v. Nassif (p.192) In re: Gastineau (p. 195) MR 1.2 – Scope of Representation and Allocation of Authority between Client and Lawyer (p. 89) Rule (a) Client sets objectives; lawyer sets means (1.4 says must keep client informed and explain things to the extent necessary for the client to make informed decisions) These four things are fundamentally in the power of the client (lawyers may not abridge these rights): Whether to waive a jury trial Whether to testify (can never tell a criminal ∆ that he is prohibited from taking the stand) The plea to be entered in criminal cases (Civil) Whether to settle the case (clients can unravel an unauthorized settlement as long as it is done quickly) Actual authority is explicit by the client and binds the client to the lawyer’s settlement Apparent authority is when the client never gives the lawyer the permission to accept, it is not binding. You get client approval for what terms he is willing to settle. You want to be able to use bargaining to get the most from your client, but you would have to lie maybe. You should have another lawyer in the firm with the figure, so you don't have to lie. (Ranges are okay) Obligated to tell client about settlement offers. (b) Lawyer’s representation ≠ support of client’s political, economic, social or moral beliefs (c) Lawyer may reasonably limit the scope if client gives informed consent and is reasonable under circumstances Need to make sure you tell the client all avenues to sue, then they can make the decision. Don’t want to get sued for malpractice bc you didn’t give client an option - I can do the research but it’s going to be costly. *This is informed
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This note was uploaded on 08/28/2008 for the course F 385 taught by Professor Dzienkowski during the Summer '08 term at University of Texas.

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PR SU2008--Dz Rules - Summer 2008 Not Tested 1.17...

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