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

Question 1

Can a new Atty be ‘competent.’

Answer 1

Yes.

Question 2

What is ‘competence’?

Answer 2

4-1.1 COMPETENCE

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

Question 3

State 5 ways Attys need to communicate w/ Clients.

Answer 3

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.

Question 4

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

Answer 4

Trial & negotiation strategy.

Question 5

When need not inform?

Answer 5

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

Question 6

In what 2 instances MUST Atty disclose confidential info?

Answer 6

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

Question 7

In what 3 instances MAY Atty disclose confidential info?

Answer 7

[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.

Question 8

What is the extent Atty MAY reveal?

Answer 8

Extent Atty reasonably believes necessary.

Question 9

What must Atty do if ordered by Court to disclose?

Answer 9

Exhaust all appellate remedies.

Question 10

What must Atty reveal once all appeals are exhausted?

Answer 10

No more information than is required.

Question 11

How must info of former Client’s be handled?

Answer 11

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

Question 12

What’s the basic principle, re: disclosure.

Answer 12

Need Client’s informed consent.

Question 13

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

Answer 13

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

Question 14

How can confidentiality be difficult for govt lawyers?

Answer 14

When disagrees w/ policy goals advanced by the representation.

Question 15

4-1.6 CONFIDENTIALITY
Why is Atty allowed to reveal?

Answer 15

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.

Question 16

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

Answer 16

Right to defend himself.

Question 17

What must Atty do if discovers Client acting fraudulently?

Answer 17

Withdraw.