Coverage of the Virginia Bar Flashcards
Professional Responsibility has been tested in both…
essays and short answers. Essays occasionally cross over from/into other areas of law.
In 2000, the Virginia Supreme Court adopted a version of the ____________________________________, replacing the earlier Virginia Code of Professional Responsibility.
ABA Model Rules of Professional Conduct
The VA Bar can, but rarely, tests its canons of judicial conduct, a modified version of the…
1990 ABA Code of Judicial Conduct.
With essays, use this building block:
“The lawyer has a duty of (duty) to (person/thing)
The bulk of duties are those owed to your clients. These are:
- Confidentiality
- Loyalty
- Financial Responsibility
- Competence
- …& other reasonable things
Analyze each separately!
What are the duties to entities other than your clients?
- Candor/Truthfulness
- Fairness
- Dignity/Decorum
- …& other reasonable things
to
- Court
- Adversaries (parties & their counsel)
- Legal Profession
- Third parties
- Public
What is the pneumonic device for all these duties?
Clients love fierce counsel, courts feel differently
How do you build a PR essay?
FIRAC: fact triggers, look at duties to each client/conflicting duties to others (within call of the question), rule, application, conclusion