Due Care

Question 1

Scope of Representation

Answer 1

• abide by client’s objectives; consult on means; abide by client’s decision to settle/accept plea bargain
• L may limit scope if
  
  1. reasonable; and
  2. client gives informed consent
• Shall not assist criminal or fraudulent conduct (but can discuss legal consequences)
  
  • **CA: a member shall not advise the violation of any law

Question 2

Diligence

Answer 2

Act with reasonable diligence & promptness; no neglect; must handle workload so each matter handled competently

***CA: crime to willfully delay a client’s suit for L’s own gain

Question 3

Competence and Zealous Representation

Answer 3

L must be reasonably competent - must prepare or affiliate

***CA: gross neglect of this duty may be moral turpitude

Question 4

Confidentiality

Answer 4

Lawyer shall not reveal matter relating to representation

*exceptions are narrow - when in doubt, do not disclose

Question 5

Confidentiality: Exceptions

Answer 5

• informed consent
• impliedly authorized
• dispute concerning attorney conduct
• to comply with law or court order
• to prevent reasonably certain death or substantial bodily harm (need not wait for IMMINENT harm) or to prevent/mitigate financial harm

Question 6

CA: Confidentiality

Answer 6

Maintain inviolate confidence, and at every peril to himself or herself to preserve the secrets of the client

• even narrower than ABA
• exceptions require L to counsel C to seek legal means + L must tell C disclosure is possible

Question 7

CA: Confidentiality: Exceptions

Answer 7

• MAY reveal to the extent L reasonably believes the disclosure is necessary to prevent a criminal act that L reasonably believes is likely to result in death of, or substantially bodily harm to, an individual
  
  • Note: NOT allowed for financial harm

-May reveal if INFORMED CONSENT

**When disclosing, L should consider duties of loyalty and competence

Question 8

Use of Client Info

Answer 8

Shall not use info to disadvantage of C without informed consent

Question 9

Communication

Answer 9

-Keep client reasonably informed of significant developments; explain to extent necessary

Question 10

Communication: Settlement Offers

Answer 10

CA: all offers in criminal matter; all “significant” and written offers in other matters

Question 11

Safeguarding Client Property

Answer 11

• earmark
• separate
• no commingling
• keep records
• notify

Question 12

Misconduct (applies to L and judges)

Answer 12

• To violate a rule or assist another
• Conduct involving:
  
  • dishonesty; or
  • fraud; or
  • deceit; or
  • misrepresentation
• Criminal acts reflecting L’s
  
  • honesty; or
  • truthfulness; or
  • fitness as a lawyer
• Conduct prejudicial to the administration of justice
• State or imply ability to influence a government agency or official or to achieve results by violating PR rules/law
• Knowingly assist a judge in conduct that violates CJC (Code of Judicial Conduct)