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Question 1

WITHDRAWAL

Rule 1.6

A lawyer MUST withdraw when:

(three situations)

Answer 1

i. Representation will result in violation of MR
ii. Lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client
iii. Lawyer is discharged

Question 2

WITHDRAWAL Rule 1.6

Lawyer MAY withdrawal when:

(seven situations)

Answer 2

i. Withdrawal can be accomplished w/o material adverse effect on interests of client
ii. Client persists in course of action involving lawyer’s services that lawyer reasonably believes is criminal or fraudulent
iii. Client has used lawyer’s services to perpetrate crime/fraud
iv. Client insists upon taking action that lawyer considers repugnant or with which lawyer has fundamental disagreement
v. Client fails substantially to fulfill obligation to lawyer regarding lawyer’s services and has been given reasonable warning that lawyer will withdraw unless obligation is fulfilled
vi. Representation will result in unreasonable financial burden on lawyer or has been rendered unreasonably difficult by client
vii. Other good cause for withdrawal exists

Question 3

WITHDRAWAL Rule 1.6

Must or May:

When that client has used lawyer’s services to perpetrate crime/fraud

Answer 3

MAY withdrawal, does not have to

Question 4

WITHDRAWAL Rule 1.6

Must or May?

When representation will result in unreasonable financial burden on lawyer or has been rendered unreasonably difficult by client

Answer 4

MAY withdrawal, does not have to

Question 5

WITHDRAWAL Rule 1.6

Must or May?

When lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client

Answer 5

MUST withdrawal, no choice here

Question 6

WITHDRAWAL Rule 1.6

When a lawyer is terminated, the lawyer MUST do four things to protect client’s interests, what are they.

Answer 6

i. Give reasonable notice to client
ii. Allow time for employment of other counsel
iii. Surrender papers/property to which client is entitled
iv. Refund any advance payment of fee/expense that hasn’t been earned/incurred

Question 7

CONFIDENTIALITY

In what situations must a lawyer disclose all confidential information?

Answer 7

There is no situation in which a lawyer MUST disclose confidential information.

If there is an excetption, the lawyer only needs to disclose the information they see reasonably necessary in the situation

Question 8

CONFIDENTIALITY

Test for Confidentiality:

(if yes, if no…)

Answer 8

1. Did confidentiality attach?

If yes, is there an exception?
(informed consent, implied authority, Rule 1.6(B))

2. If no, there is no problem, the lawyer can disclose whatever he wants to

Question 9

CONFIDENTIALITY

Lawyer cannot reveal information relating to the representation of a client unless:

(three general situations)

Answer 9

1. Client gives informed consent
2. Disclosure is impliedly authorized in order to carry out representation or
3. Lawyer may reveal information relating to representation to extent lawyer reasonably believes necessary in some six situations

Question 10

CONFIDENTIALITY

Rule 1.6(b): Exceptions to the confidentiality rule

Are these exceptions a MUST or a MAY?

Answer 10

The exceptions are a MAY, to the extent the lawyer believes reasonably necessary

Question 11

CONFIDENTIALITY

Rule 1.6

Can a lawyer use a hypothetical situation to describe a cleint’s situtation without breaking the rule of confidentiality?

Answer 11

Yes, as long as there is no reasonable likelihood that the listener would be able to identify the client or th situation involved

Question 12

CONFIDENTIALITY

Rule 1.6(b)(6)

If another law compels disclosure of confidential information, what actions must a lawyer take before disclosure?

Answer 12

If other law compels disclosure, must consult with client to the extent required by Rule 1.4

and make all claims as to why there shouldn’t be disclosure