Rigos Professional Education Programs

Rigos MPRE Chapter 1
Magic Memory Outline

Our topical Magic Memory Outlines are templates which students use to create their own personal outlines of the subjects. You summarize and synthesize the textual material in your own words. This forces you to capture the essence of the text and transfers the information from the book to your mind. For students who have prepared outlines to condense vast amounts of material in law school, these templates are similar and extremely effective. You can make outlines as elaborate and comprehensive as you wish since, in a word processing file, you can enlarge the space provided for your own notes. An example follows.

MAGIC MEMORY OUTLINE EXAMPLE
RIGOS BAR REVIEW SERIES MPRE REVIEW
CHAPTER 1 - Client Relations - Competence, Scope of Representation, and Fees

Magic Memory Outline™

BLANK (as in the text)	WITH STUDENT SUMMARY
A. Competence	A. Competence - Legal knowledge, skills, thoroughness required for case.
1. Proficiency Required	1. Proficiency Required - or can research but not charge C for excess time. May associate with other expert Ls with client consent.
2. Required Standard	2. Required Standard - held to the general L due care reasonable competency unless L is holding out as an expert, thereby creating a higher performance duty.
3. Emergency Situation	3. Emergency Situation - only best efforts required under emergency.
4. Maintaining Competence	4. Maintaining Competence - Must keep your specialized knowledge current.
5. Legal Malpractice Relationship	5. Legal Malpractice Relationship - Breach of contract, fiduciary duty, or malpractice claims, but may not employ ethical rule to establish legal standard.
B. Scope of Representation and Authority Allocation	B. Scope of Representation and Authority Allocation
1. Representation Objectives	1. Representation Objectives - C determines representation objectives
2. Lawyer's Decisions	2. Lawyer's Decisions - Means and procedural tactics for L with C approval
3. Client's Decisions - AJET	3. Client's Decisions - AJET - C has exclusive authority to accept settlement offers, jury waiver, entering plea, or testifying in person at trial
4. No Endorsement	4. No Endorsement - of C's political, social or moral positions by L
5. Counsel a Crime or Fraud	5. Counsel a Crime or Fraud - if for future, may be aiding and abetting the C
6. Client Urging MRPC Violation	6. Client Urging MRPC Violation - consult with C and must withdraw
7. Client Authority	7. Client Authority - required to act on C's behalf with third parties
8. Limit of Representation	8. Limit of Representation - discrete aspect OK, if reasonable and C consent
C. Diligence -	C. Diligence - carefulness, timeliness, and promptness required by L
1. Dilatory Practices	1. Dilatory Practices - No unreasonable delay and procrastination
2. Legal Rules	2. Legal Rules - SOL concern - must calendar and control docket dates
3. Representation Completion	3. Representation Completion - L should inform C, preferably in writing
D. Communication	D. Communication - Keep C timely informed in reasonable detail
1. Informative Explanations	1. Informative Explanations - C should participate in significant decisions
2. Written v. Oral	2. Written v. Oral - Representation letter sets C's expectations
3. Special Situations	3. Special Situations - two exceptions to duty to disclose to C
a. Court Order or Rules	a. Court Order or Rules - may prohibit or limit sensitive information
b. Client Imprudent Reaction	b. Client Imprudent Reaction - If C will cause harm to themselves
4. Communicate Mistakes	4. Communicate Mistakes - to C of L's malpractice incidents
5. Communicate Termination	5. Communicate Termination - when relationship terminates so it is clear that there is no expectation of future monitoring

The following is the actual Magic Memory Outline from the MPRE Chapter 1 - Client Relations.

RIGOS BAR REVIEW SERIES
PROFESSIONAL RESPONSIBILITY EXAM REVIEW (MPRE) - CHAPTER 1
Client Relations - Competence, Scope of Representaion, and Fees

Magic Memory Outline

A.  Competence
    1.  Proficiency
    2.  Required Standard
    3.  Emergency Situation
    4.  Maintaining Competence
    5.  Legal Malpractice Relationship

B.  Scope of Represention and Authority Allocaton
    1.  Representation Objectives
    2.  Lawyer's Decisions
    3.  Client's Decisions
    4.  No Endorsement
    5.  Counsel a Crime or Fraud
    6.  Client Urging MRPC Violation
    7.  Client Authority
    8.  Limit of Representation

C.  Diligence
    1.  Dilatory Practices
    2.  Legal Rules
    3.  Representation Completion

D.  Communication
    1.  Informative Explanations
    2.  Written v. Oral
    3.  Special Situations
        a.  Court Order or Rules
        b.  Client Imprudent Reaction
    4.  Communicate Mistakes
    5.  Communicate Termination

E.  Fees
    1.  Reasonable Factors - SANTA REBER
        a.  Skill Required
        b.  Amount Involved
        c.  Novelty and Difficulty
        d.  Time Involved / Opportunities Foregone
        e.  Average Customary Fee
        f.  Relationship
        g.  Expertise
        h.  Basis of Fee
        i.  Experience / Reputation
        j.  Result
    2.  Double Billing
    3.  Fee Agreement Required
        a.  Includes
        b.  New Client
        c.  Substantially Different
        d.  Change in Circumstances
        e.  External Fee Split
        f.  Writing Request
        g.  Withdrwal Writing
    4.  Client Fee Objection

F.  Contingency Fee Agreement
    1.  Writing Requirement
    2.  Treatment of Costs
    3.  Prohibited Matters
        a.  Domestic Relations
        b.  Criminal Matter
    4.  Client Termination
    5.  End of Case

G.  Division of Fees
    1.  In Same Firm
    2.  Not in Same Firm
        a.  Proportional
        b.  Non-Proportional
            (1)  Joint Responsibility
            (2)  Client Consent
    3.  Referral Service