Competency Objectives are Diligent,Reasoable Agreements that are Confidential and Adverse to Business Financing

Question 1

Competency

Answer 1

Competency Report Diminished

(1) Competency = reasonably competent, based on legal knowledge, skill, thoroughness and preparation
(2) Report = communicate errors to the client
(3) Diminished capacity C = maintain normal C-L as R. possible, seek appointment of a guardian ad litem when R. belief can’t adequately act in own interest

Question 2

Objectives

Answer 2

Objectives Major Assist

(1) Objectives of representation = C; L = tactical/strategic; limitations = consent
(2) Major litigation decisions = AJET = accept settlement, jury trial waiver, enter plea, testify at trial
(3) Assist != L cannot that knows to be criminal fraudulent

Question 3

Diligence

Answer 3

Diligence Informed

(1) Diligent representation = expedite, unless contrary to C’s interests
(2) Keep reasonably Informed = R. regarding the progress and promptly comply; Substantial mistakes must be reported

Question 4

Reasonable

Answer 4

Reasonable Communicate Final

(1) L’s fees must be reasonable = based on time involved, skill required, results, obtained, qualifications of lawyer, customary fee
(2) Rate and basis = communicated prior = cannot raise in middle; double bill = L detriment
(3) Conclude with Final written = no violation

Question 5

Agreements

Answer 5

Agreement Referrals Split

(1) Contingent agreements = in writing, signed by C, state fee determination method, conclude w/written final accounting; 2 writings != criminal or domestic relations matters
(2) Referrals = splitting = not payable unless through a referral service authorized by the WSBA
(3) Fee splitting between lawyers = different firms = proportion of services provided by each, each signs in writing that each has joint responsibility, confirmed in writing by C about all details, Reasonable.

Question 6

Confidential

Answer 6

Confidential May Trumps

(1) Confidential = relating to representation; Must = death, serious injury
(2) May = to the extent necessary = prevent, mitigate, rectify future crime/fraud where C used L services; procure advice relating to compliance, L sued, fiduciary breach
(3) Trumps = conflict w/candor, exceed scope of consent, no permission outside firm

Question 7

Adverse

Answer 7

Adverse Material Unless

(1) Adverse: L != represent parties that are directly adverse in a matter that is in litigation
(2) Materially limited != ability to advocate = responsibilities owed to another of L’s Cs, 3rd, own interests = intermediary role = impartial
(3) Unless = R. belief no adverse effect to either C + competent rep to each, full disclosure of conflict to both parties after first gives permission, and ICW = no evidentiary privilege, confidentiality duty = must withdraw if either complain

Question 8

Business

Answer 8

Business Disadvantage Gift

(1) Enter into a business transaction = TIC = terms are fair, opportunity to seek advise of independent counsel, CIW; commercial transaction != adversity/loyality conflict for atty
(2) Client information cannot be used that disadvantages C = unless informed consent; Publication rights != negotiate prior to conclusion regardless of waiver by C
(3) Fair and Reasonable Gifts = reasonable fee != prepare an instrument unless a relative

Question 9

Financing

Answer 9

Financing Third Malpractice

(1) Financing != living expenses or medical treatment, but court , discovery, litigation expenses if C ultimately liable, but not required for class action; collateral = ok
(2) Third party fee payments = INC, Informed consent by C, no interference with professional relationship and duty to C, and no revealing CI
(3) Malpractice != limited prospectively; Settling = representation by IC and not unconscionable