Chapter 1 Ethics

These flashcards cover the key concepts of ethics in legal representation, including conflicts of interest, dual representation, duties to unrepresented parties, types of fees, and trust fund accounts.

What do ABA Professional Rules of Conduct state regarding conflicts of interest for attorneys?

An attorney cannot represent a client if the representation would adversely affect the interests of another client unless the attorney informs the parties of the conflict and each party consents.

What must be conducted before a new client is retained to check for conflicts of interest?

A conflicts check against the firm's current clients.

What should a firm do if an attorney represented a potential new client at a previous employer?

The new firm can either decline representation or isolate the attorney or paralegal by 'walling off'.

What is dual representation in legal practice?

When an attorney is asked to represent both the buyer and seller or the buyer and the lending institutions or the title company.

What are ABA standards regarding dual representation?

Dual representation is allowed if both parties are informed and give their consent, but the better practice is to decline.

What must an attorney advise unrepresented parties?

The attorney must advise the unrepresented party of their role in representing only their client and recommend they consult with independent counsel.

What did some cases hold regarding an attorney's duty to an unrepresented party?

An attorney must inform the party of their representation and also explain the documents to the unrepresented party.

In what situation must a lender's attorney disclose title defects to an unrepresented buyer?

When the buyer is unrepresented but contributing to the lender’s attorney fees.

What are some types of attorney fees mentioned in the notes?

Contingent fees, hourly fees, flat fees.

What is a client trust fund account?

An account separate from the business account of the firm where down payments are placed in escrow and disbursed to the seller upon the completion of the transaction.