Flashcards
Model Rules of Professional Conduct
Cards in this deck (14)
- 1Believes or BeliefInvolved person supposes the fact in question to be true. May be inferred from the circumstances.
- 2Confirmed in WritingA person gives informed consent in writing or a lawyer confirms oral, informed consent by promptly transmitting a writing to a person.
- 3Firm or Law FirmA law firm includes a lawyer or lawyers in a Partnership, a Professional Corporation, an Other organization authorized to practice law, a Legal Services Corporation, Legal Services Department of corporation or organization or a Sole Proprietorship.
- 4Fraud or FraudulentFraudulent conduct or fraud involves conduct that is both, fraudulent under the substantive or procedural law of the applicable jurisdiction and also has the purpose to deceive.
- 5Informed ConsentInformed consent requires agreement by a person to a proposed course of action after the lawyer has adequately communicated the information and explanation about the material risks of and reasonably available alternatives to the proposed course of action.
- 6Knowingly, Known or KnowsKnowingly, known or knows involves actual knowledge of the facts in question and the knowledge may be inferred from the circumstances.
- 7PartnerA partner is a member of 1.) a partnership; or 2.) a shareholder in a law firm organized as a professional corporation.
- 8Reasonable or ReasonablyAs it refers to a lawyer, reasonable or reasonably refers to the conduct of a reasonably prudent or competent lawyer.
- 9Reasonably Should KnowHow a reasonably prudent and competent lawyer ascertains the matter.
- 10Reasonable Belief or Reasonably BelievesReasonable belief or reasonably believes refers to a lawyer who believes the matter in question and the circumstances are such that the belief is reasonable. Circumstances are such that the lawyer reasonably believes the matter in question.
- 11Screenedthe isolation of a lawyer from any participation in a matter through the timely imposition of procedures within the firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these rules or other law.
- 12Substantialas it relates to degree or extent is a material matter of clear and weighty importance.
- 13tribunalA tribunal is 1.) a court or an arbitrator in a binding arbitration proceeding or a legislative body; an administrative agency; or other body acting in an adjudicative capacity; or 2.) a legislative body, an administrative agency or other body acts in an adjudicative capacity when a neutral official after the presentation of evidence or legal arguments by a party will render a binding legal judgment directly affecting a party’s interests in a particular matter.
- 14“Writing” or “Written”“Writing” or “Written” is a tangible record of a communication; a tangible record of a representation; an electronic record of a communication or an electronic record of a representation. Also, a “signed writing” includes an electronic sound, symbol or process attached to or logically associated with writing and executed or adopted by a person with the intent to sign the writing.
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- Model Rules of Professional Conduct
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- Kristin Bluain
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