Duties Owed to Clients

Question 1

competence

Answer 1

duty to act w/ legal knowledge, kill, thoroughness, and preparation reasonably necessary for the representation

if you don’t know the law, decline unless:
1. can learn it w/o undue expense or delay OR
2. you consult w/ competent lawyer

CA: includes mental, emotional, and physical ability of lawyer

Question 2

diligence

Answer 2

must act w/ reasonable diligence, control workload so you can handle it all adequately

CA: minor isolated cases tend to be ok; subject to discipline only if violation was intentional, reckless, repeated, or involved gross negligence

Question 3

communication

Answer 3

must explain matter + keep client reasonably informed and reply promptly

CA: inform at time of engagement if lawyer does not have liability insurance (unless rep is less than 4 hours, as gov lawyer/in-house counsel, or in an emergency)

Question 4

communication about plea bargains + settlement offers

Answer 4

must notify unless specifically authorized to accept or reject

CA: always promptly communicate regardless of circumstances

Question 5

withholding info

Answer 5

ordinarily can’t do, but you may delay transmission if client is likely to react imprudently to an immediate communication

CA: only if client likely to cause imminent harm to themselves/others

Question 6

informed consent

Answer 6

often required
CA more often requires writing