Ethics

Question 1

When MUST lawyer reveal confidential info?

Answer 1

Prevent crime by CL

Prevent death/substnatial bodily harm

Question 2

What do you look at in determinig whether A/C relationship exists?

Answer 2

If CL thinks one does cuz shes looking to you for legal advice

Question 3

When MAY L reveal confidential info?

Answer 3

Serve CL
Consent
Establish claim/defense
REspond to allegations about lawyer rep
Resolve COI when lawyer changes firms

Question 4

Court says “Andy, tell us everything Buzz told you in confidence.” What do I do?

Answer 4

Must exhaust all appellate remedies before disclosing.

Question 5

You accidentally send privileged stuff to OC. What next?

Answer 5

10 days to assert privilege, and OC must sequester/return

Question 6

You send confidential info to OC. You timely say privileged. OC says it’s not privileged. What grounds can OC make that claim?

Answer 6

Not privileged
No standing to claim privilege
Untimely (10 days)
Circumstacnes indicate privilege waived

Question 7

What are some duties lawyers have re: candor to court?

Answer 7

Correct false statement
Disclose crime/fraud
Disclose controlling law
Offer false evidence

Question 8

CL is going to lie on the stand. Tells you. What do you do?

Answer 8

Reveal lie and move to withdraw if CL won’t fix it.

Question 9

H/W both come to ARW to rep. When can ARW proceed with one of them?

Answer 9

Consent OR

Gives notice to new CL, takes no fees, avoids disclosure disqualifying information.

Question 10

ARW reps the Collection. The Collection is the Gorin’s marital asset. Ken wants ARW to rep him. Can ARW and why/why not?

Answer 10

No, b/c substantially related matter

Question 11

When MUST you fire CL?

Answer 11

Violate RPC
Physical/mental condition impacts ability to represent
Discharged by CL
CL tries to or does commit crime/fraud

Question 12

Can you fire CL if you disagree with their approach?

Answer 12

Yes

Question 13

List some factors that go into whether fee is reasonable.

Answer 13

Time, labor, novelty, complexity, skill required to represent
Time from other cases
Rates
Amount of work
Length of relationship
Experience of lawyer

Question 14

What is required to get a charging lient?

Answer 14

Contract to rep and pay
Nonpayment/dispute
Notice to CL

Question 15

What are general duties lawyers have that should be mentioned in essay?

Answer 15

Expedite litigation
Professional conduct
Litigate in good faith
Communicate
Maintain confidences

Question 16

What are possible bar sanctions and what’s difference?

Answer 16

Admonish - negligent ARW, no injury
Reprimeand - negligent ARW, injury to CL
Suspend - knowingly engage in misconduct and injury/potential injury
Disbar - abandons prax of law, or knowingly fails to perform/neglect and causes serious/potentailly serious injury to CL

Question 17

CL goes on firm website and leaves negative review. What can BK respond?

Answer 17

Not fair or accurate.

Question 18

ARW reps mom. Goes to mediation. No settlement. Mom fires. ARW files charging lien. What does trial court do with lien?

Answer 18

Deny, no positive result for CL.