2. Duties to Current and Former Clients Flashcards
What is a Duty of Competence?
A lawyer must not handle a matter beyond their competence without associating with a lawyer who is competent in that area
What does Competence require?
Competence requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Can a lawyer give competent representation in a field they are inexperienced?
Yes. A lawyer can competently represent in an unfamiliar field by studying or working with an experienced lawyer in that area.
Can Emergencies excuse the ordinary standards of thorough preparation?
Yes. In emergencies where consulting another lawyer is impractical, a lawyer may assist outside their expertise but should limit help to what is necessary under the circumstances.
What is the Duty of Diligence?
A lawyer must diligently and promptly represent a client and must not willfully neglect or abandon a client’s legal matter without a valid reason.
What is Diligence?
Diligence involves zealous advocacy, commitment, and dedication to a case, despite any opposition, obstruction, or inconvenience to the lawyer.
Is a lawyer required to press every advantage that might be realized for a client?
No. A lawyer may take any lawful and ethical measures necessary to vindicate a client’s cause or endeavor, but need not press every advantage.
Lawyer’s workload
A lawyer should manage their workload to ensure adequate handling of each case.
While a single neglectful incident may not breach the Rule, repeated negligence, even in a single client matter, could constitute a violation.
What is the Duty of Communication?
A lawyer must communicate effectively with clients by:
1. promptly informing them of decisions requiring their consent;
2. consulting on objectives;
3. updating them on case status;
4. responding to information requests;
5. advising on legal limitations; and
6. explaining matters for informed decisions.
What is reasonably necessary information?
Reasonably necessary information includes communication from another party and offers of settlement in a civil matter or of plea bargain in a criminal case.
Does a lawyer have to advise a client on the status of a matter even if the client delegates authority to the lawyer?
Yes. The lawyer must advise of the status of the matter.
Emergencies and Other Special Circumstances;
In some instances, a lawyer may be justified in delaying transmission of information when
the client would be likely to react imprudently to the immediate communication, but the lawyer may not do so to serve the lawyer’s own interests or convenience.
What is the scope of the duty of confidentiality?
The duty of confidentiality protects all client information, regardless of its source, and prohibits its disclosure even in judicial proceedings.
A lawyer must keep all client information confidential, especially if requested by the client or if disclosure would harm or embarrass the client. True or False?
True.
What is impliedly authorized concerning sharing confidential information?
A lawyer is impliedly authorized to make disclosures about a client when appropriate in carrying out the representation.
Who is the client of a corporate organizational’s lawyer?
The organization itself, not its individual members.
Thus, any information received by the lawyer in this capacity is considered received by the organization.
Furthermore, communications from non-management members of the organization must be shared with management.
What is a lawyer’s obligation regarding nondisclosure and nonuse of protected information?
A lawyer is forbidden from disclosing protected information to anyone unless permitted by exceptions.
Can a lawyer use protected information to the client’s disadvantage?
No. A lawyer cannot use protected information to the client’s disadvantage unless the client consents after consultation.
Can a lawyer disclose information to lawyers in the firm and to staff?
Yes. A lawyer has the right to disclose information to lawyers in the firm and to staff working for the firm.
Does a lawyer’s duty of confidentiality persist beyond the termination of the attorney-client relationship?
Yes. The duty of confidentiality persists beyond the termination of the attorney-client relationship.
Lawyers must not disclose or use information from past representations to the detriment of a former client, unless permitted by rules of confidentiality and candor, or when the information is publicly available.
Can a lawyer that represents a new client use protected information from a prior representation that would be helpful to a lawyer in representing the new client?
No. If protected information from a prior representation would be helpful to a lawyer in representing a new client, the lawyer may not represent that new client without first obtaining the consent of the former client to use the protected information.
A lawyer may reveal protected information if:
- necessary to prevent harm or loss due to criminal acts;
- prevent serious injury or death;
- defend against claims in disputes with the client;
- defend against charges from the client’s conduct; or
- respond to allegations about their representation.
Implied Authority to carry out the representation of the client;
A lawyer is impliedly authorized to make disclosures about a client when appropriate in carrying out the representation, except to the extent that the client’s instructions or other special circumstances limit that authority.
Duty to Avoid Conflicts of Interest;
Lawyer’s Responsibility At intake;
The lawyer undertaking the representation of a client has the primary responsibility for recognizing and resolving questions of conflict of interest.