2nd Closed Book Rules - PR

Question 1

Duty of Loyalty

Answer 1

Duty to clients to put the interest of her clients above all other interests, and to avoid any conflicts of interest

Question 2

Duty of Loyalty - Conflict of Interest

Answer 2

Concurrent conflict exists when there is a significant risk that the rep of one or more clients will be materially limited by the responsibilities to another client, or by personal interest

• ABA: can rep client only if lawyer reasonably believes there will be no adverse effect, clients consents in writing after consultation
• CA: only requires written disclosure

Question 3

Duty of Confidentiality

Answer 3

A lawyer must not reveal anything related to the representation of a client without the client’s consent

Question 4

Duty of Candor to the Court: Frivolous Claims

Answer 4

A lawyer shall not bring or defend a proceeding unless there is a basis in law and fact for doing so and the claim is not frivolous

Question 5

Duty to Report

Answer 5

• ABA: a lawyer has an ongoing duty to report ethical violations of another lawyer
• CA: permits, but does not require the report of ethical violations

Question 6

Duty of Fairness: Threats

Answer 6

A lawyer has a duty of fairness to opposing counsel and the court

• ABA: no companion rule
• CA: prohibited from threatening to present criminal, administrative, or disciplinary charges in order to obtain an unfair advantage in a civil dispute