Comp 4-1.1, Comm 4-1.4, Confid 4-1.6 Flashcards
Can a new Atty be ‘competent.’
Yes.
What is ‘competence’?
1) Legal knowledge & skill,
2) Thoroughness & necessary prep.
State 5 ways Attys need to communicate w/ Clients.
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.
Name 2 things you don’t need to detail for the Client.
Trial & negotiation strategy.
When need not inform?
If Client will respond imprudently.
If it will harm Client (ex. pscyh advises not to inform).
In what 2 instances MUST Atty disclose confidential info?
To prevent:
(1) Crime
(2) Subst bodily harm or death to another.
In what 3 instances MAY Atty disclose confidential info?
[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.
What is the extent Atty MAY reveal?
Extent Atty reasonably believes necessary.
What must Atty do if ordered by Court to disclose?
Exhaust all appellate remedies.
What must Atty reveal once all appeals are exhausted?
No more information than is required.
How must info of former Client’s be handled?
Can’t use to serve another.
Can’t use vs. the former client.
What’s the basic principle, re: disclosure.
Need Client’s informed consent.
What are 2 bodies of law in which confidentiality plays a part?
1) Atty-Client privilege (incl. work product doctrine).
Applies when Atty being called to give evidence.
2) Client-Atty confidentiality - all other situations.
How can confidentiality be difficult for govt lawyers?
When disagrees w/ policy goals advanced by the representation.
Why is Atty allowed to reveal?
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.
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FUTURE CONDUCT:
1) Cannot assist in future conduct, ex. death or harm to another.
