Exam Study Guide

Problem 1: Hanging out your Shingle • Competence o MRPC 1.1 ▪ Legal Knowledge ▪ Skill ▪ Thoroughness ▪ Preparation ▪ (Minimal Standard) If you violate this rule, it goes down a disciplinary road, not a malpractice road, though it may give rise to a malpractice suit under a professional negligence theory. o CRPC 3-110(b) ▪ Diligence ▪ Learning and skill ▪ Mental, emotional and physical ability • Fee Sharing o MRPC 1.5 (e) ▪ 1) Division is proportional to services performed or each lawyer assumes joint responsibility for the representation; ▪ 2) Client provides written agreement; ▪ 3) Total fee is reasonable. o CRPC 2-200 ▪ Client consents in writing after full disclosure ▪ Total fee is reasonable • Fees o MRPC 1.5(a) ▪ A lawyer shall not charge an unreasonable fee. o MRPC 1.5(b) ▪ Fee agreements should “preferably” be in writing. o MRPC 1.5(c) ▪ Contingent fee agreements must be in writing. o Cal. Bus. & Prof. Code Sec. 6147 ▪ Contingent fee agreements must be in writing. o Cal. Bus & Prof. Code § 6148 ▪ Any fee arrangement where the fee is expected to exceed $1,000 is required to be in writing. • Referral Fees o Referral fees are not okay • Malpractice o …Is Professional negligence ▪ Duty – reasonably competent attorney ▪ Breach ▪ Causation • Has to show that she would have won the case… prove the underlying case, just like as if it had actually gone to trial and put on the evidence. (case within a case) ▪ Damages • Has to show that she