Comp 4-1.1, Comm 4-1.4, Confid 4-1.6 Flashcards

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1
Q

Can a new Atty be ‘competent.’

A

Yes.

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2
Q

What is ‘competence’?

A

4-1.1 COMPETENCE

1) Legal knowledge & skill,
2) Thoroughness & necessary prep.

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3
Q

State 5 ways Attys need to communicate w/ Clients.

A

4-1.4 COMMUNICATION

1) Promptly inform them to get informed consent.
2) Consult.
3) Keep them informed.
4) Comply w/ requests for info.
5) Advise them if they are asking something you ethically cannot do.

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4
Q

Name 2 things you don’t need to detail for the Client.

A

Trial & negotiation strategy.

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5
Q

When need not inform?

A

If Client will respond imprudently.
If it will harm Client (ex. pscyh advises not to inform).

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6
Q

In what 2 instances MUST Atty disclose confidential info?

A
4-1.6  CONFIDENTIALITY
------------
To prevent:
(1)  Crime
(2)  Subst bodily harm or death to another.
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7
Q

In what 3 instances MAY Atty disclose confidential info?

A

[ED loves SC in May.]
———–
1) Serve Client’s interest UNLESS Client specifically requires it not be disclosed.
2) Comply w/ Bar Rules.
3) Establish Atty’s claim/defense/response in:
(a) Dispute w/ Client.
(b) Criminal/civil charge based on Client-involved conduct;
(c) Proceeding re: Atty’s representation of Client.

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8
Q

What is the extent Atty MAY reveal?

A

Extent Atty reasonably believes necessary.

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9
Q

What must Atty do if ordered by Court to disclose?

A

Exhaust all appellate remedies.

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10
Q

What must Atty reveal once all appeals are exhausted?

A

No more information than is required.

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11
Q

How must info of former Client’s be handled?

A

Can’t use to serve another.
Can’t use vs. the former client.

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12
Q

What’s the basic principle, re: disclosure.

A

Need Client’s informed consent.

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13
Q

What are 2 bodies of law in which confidentiality plays a part?

A

1) Atty-Client privilege (incl. work product doctrine).
Applies when Atty being called to give evidence.
2) Client-Atty confidentiality - all other situations.

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14
Q

How can confidentiality be difficult for govt lawyers?

A

When disagrees w/ policy goals advanced by the representation.

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15
Q

Why is Atty allowed to reveal?

A

PRESENT CONDUCT:
1) Cannot become an assistant in C’s fraud. Ex. Can’t use fraudulent evidence.
2) Assist fraud if know it’s fraudulent.
———–
FUTURE CONDUCT:
1) Cannot assist in future conduct, ex. death or harm to another.

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16
Q

What right does Atty always have, re: maintaining confidentiality?

A

Right to defend himself.

17
Q

What must Atty do if discovers Client acting fraudulently?

A

Withdraw.