"Belief" or "believes" denotes that the person involved actually
supposed the fact in question to be true. A person's belief may be
inferred from circumstances.
"Consult" or "consultation" denotes communication of information
reasonably sufficient to permit the client to appreciate the
significance of the matter in question.
"Firm" or "law firm" denotes a lawyer or lawyers in a private
firm, lawyers employed in the legal department of a corporation or other
organization and lawyers employed in a legal services organization. See
Comment, Rule 1.10.
"Fraud" or "fraudulent" denotes conduct having a purpose to
deceive and not merely negligent misrepresentation or failure to apprise
another of relevant information.
"Knowingly," "known," or "knows" denotes actual knowledge of the
fact in question. A person's knowledge may be inferred from
circumstances.
"Legal clinic" means a law firm which meets all of the following
criteria:
a)It involves a group practice of two or more attorneys
practicing law in conjunction with law clerks and / or legal assistants
that is structured to handle a high volume of cases.
b)It employs efficient, time saving systems and standardized
procedures and forms.
c)It is organized and operated to provide legal services
primarily to a moderate income clientele.
d)It charges no more than a minimum initial consultation fee.
e)It assigns work in a manner which enables attorneys in the legal clinic
to concentrate in particular areas of law in order to maximize their
efficiency and competence.
f)It employs the use of fixed fees for routine legal services and makes
available to its clientele a printed fee schedule upon request.
g)It charges fees that are demonstrably lower than the prevailing fees in
the legal community in which it is situated.
h)It is organized and operated in a manner to assure that in addition to
the responsibilities which each individual attorney has pursuant to Rule 1.1
and Rule 1.3, all attorneys in the legal clinic does not handle any matter
beyond its competence and in the event that the clinic is not competent to
handle a particular matter, the client shall associate itself with a lawyer
or lawyers who are competent to handle the matter or refer the client to
another lawyer or lawyers who are competent to handle the matter, in which
event the consulting attorney shall assume primary responsibility for that
matter; in addition, the legal clinic shall be organized and operated so that
in the event a consulting attorney is retained, the clinic shall make full
and immediate disclosure to the client of such a departure from the clinical
norm in the handling of the clients case, which disclosure must contain
advice that the client is free to select new counsel.
"Partner" denotes a member of a partnership or limited liability
partnership,
a shareholder in a law firm organized as a professional corporation, or a
member of a limited liability company.
"Reasonable" or "reasonably" when used in relation to conduct by a lawyer
denotes the conduct of a reasonably prudent and competent lawyer.
"Reasonable belief" or "reasonably believes" when used in reference to a
lawyer denotes that the lawyer believes the matter in question and that the
circumstances are such that the belief is reasonable.
"Reasonably should know" when used in reference to a lawyer denotes that a
lawyer of reasonably prudence and competence would ascertain the matter in
question.
"Substantial" when used in reference to degree or extent denotes a material
matter of clear and weighty importance.
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