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Entertainment Law Ethics
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Flashcards
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Gifts from Clients
Accepting substantial gifts from clients can raise ethical issues and potential conflicts of interest.
Client Trust Accounts
Attorneys must carefully handle client funds, keeping them separate from their own.
Dual Representation
Representing two clients in the same matter, can raise ethical concerns when interests conflict.
Advertising and Solicitation
Marketing must be truthful and not misleading, and there are restrictions on direct solicitation of clients.
Duty of Diligence
Lawyers are required to act with reasonable diligence and promptness in representing a client.
Fee Arrangements
Ethical fee practices include clear, reasonable, and communicated billing arrangements with clients.
Representation of Minors
Entails special considerations for capacity and consent when dealing with clients who are minors.
Attorney's Duty to Report Ethical Violations
Lawyers have a duty to report professional misconduct by other attorneys.
Duty of Competence
Lawyers must provide competent representation by having the necessary skill and knowledge.
Duty to the Court
Lawyers have an obligation to maintain integrity and decorum in the judicial process.
Right of Publicity
Addresses the ethical use of a person's likeness or identity in commercial endeavors without permission.
Fair Use Doctrine
Determines when the use of copyrighted material without permission is permissible, such as for criticism or parody.
Confidentiality
Requires an attorney to keep all client communications private unless the client consents to disclosure.
Conflict of Interest
Occurs when an attorney represents competing parties, thereby compromising loyalty or confidentiality.
Informed Consent
Entails fully disclosing the relevant facts to a client and obtaining consent before proceeding.
Exploitation of Clients
Unethically using a client's situation for the lawyer's personal gain is considered exploitation.
Intellectual Property Rights
Involves ethically respecting and protecting the creative works and intellectual property of others.
Sexual Relationships with Clients
Generally considered unethical due to the power imbalance and potential for exploitation.
Entertainment Contracts
Must be negotiated and drafted ethically to ensure fairness and avoid taking advantage of less experienced parties.
Process of Negotiation
In negotiations, lawyers must be honest and must not make false statements of fact or law.
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