client-lawyer relationship

Question 1

rule 1.1

Answer 1

competence

a lawyer shall provide competent representation to a client. competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

Question 2

rule 1.2

Answer 2

scope of representation and allocation of authority between client and lawyer

(a) lawyer shall abide by clients decisions concerning objectives and shall consult (rule 1.4) with him the means by which to do that (civil or criminal).
(b) representation does not mean the lawyer endorses clients activities in any moral, political, or any other way.
(c) a lawyer may limit the scope of his representation if that limit is reasonable under the circumstances and the client gives consent.
(d) may not counsel client to engage, or assist, in conduct lawyer knows to be criminal or fraudulent, but may discuss the legal consequences or to assist in good faith effort to determine the validity, scope, meaning, or application of the law.

Question 3

rule 1.3

Answer 3

diligence

a lawyer shall act with reasonable diligence and promptness in representing a client

Question 4

rule 1.4

Answer 4

Communications

(a) a lawyer shall:
1) promptly inform client of any matter requiring his informed connect
2) consult client on how he wants objectives accomplished
3) keep client reasonable informed on the cases status
4) promptly reply with reasonable requests for information
5) consult if client about matters than would bring the issue outside the law or rules of professional conduct

(b)a lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Question 5

rule 1.5

Answer 5

fees

Question 6

rule 1.6

Answer 6

confidentiality of information

a) can not give out information given by client unless they give informed consent, impliedly authorized to carry out representation, or (b)
b) lawyer may reveal info if he reasonably believes he needs to to:
1) prevent death or serious bodily harm
2) prevent client from committing a crime that will cause substantial injury to the finances of another and the lawyer is being used to do so
3) prevent, mitigate, or rectify substantial financial injury to another which the lawyer has been used to commit.
4) to secure legal advice about the lawyers compliance with the rules
5) establish a self defense claim in a controversy between him and the client
6) to comply with other laws or court orders
7) to detect and resolve conflicts of interest due to a lawyers change in employment or the firm changing, but only if it does not compromise privileged info
c) lawyer must make reasonable efforts to prevent inadvertent info leaks.

Question 7

rule 1.7

Answer 7

conflict of interest: current client

(a) a lawyer shall not represent a client if that would cause a conflict of interest. this occurs when:
1) the representation of one cleint will be directly adverse to another client; or
2) significant risk representing one client will materially limit a lawyers responsibilities to another client, a former client or a 3rd person or by a personal interest of the lawyer

(b) exceptions notwithstanding (a):
1) the lawyer reasonably believes he can provide competent and diligent representation to all clients
2) the representation is not prohibited by law
3) representation does not pin the same clients against each other in the same case
4) each client gives informed consent

Question 8

rule 1.8

Answer 8

current clients: specific rules

Question 9

rule 1.9

Answer 9

duties of former clients

Question 10

rule 1.10

Answer 10

imputation of conflict of interest: general rule

Question 11

rule 1.11

Answer 11

special conflicat of interest for former and current goverment officers and employees

Question 12

rule 1.12

Answer 12

former judge, arbitrator, mediator, or other 3rd party neutral

Question 13

rule 1.13

Answer 13

organization as client