everything

Question 1

1.

grounds for discipline

Answer 1

1. actual or attempted rule violation
2. cirmes and dishonesty (criminal act that refelects adversely on the lawyer’s hoensty, trustworthiness, or fitness, and any conduct involving dishonest, fraud, decit, or misrepresentation)
3. actions that harm the justice system including conduct prejudicial to the admin of justice, knowingly assisting a judge in violating the rules of judicial conduct or other law, stating or implying the ability to improperly influence a gov agency or official to achive results illegal or unethical, or make false statements or with reckless disreagrd as to truth or falsity re qualifications or integrity of judge, public legal officer, or candidate for these offices
4. discrimination and harssment related to law pratice

IN CA:
* for # 3 it is only judicial officials and candidates
* for #4 only applies to unlaful disc but also prohibits unlawful retaliation

Question 2

formation of relationship

Answer 2

express agreement, implied based on intendt and conduct (usually when lawyer fails to clearly decline despite knowing person is reasonably relying on them ot provide the services), or via court appointment

Question 3

reasons to turn down court appointment

Answer 3

(1) representing client likely to result in violation of the rules of professional conduct or other law e.g. COI
(2) representing the client is liekly to result in unreasonable financial burden
(3) the client or cause is so repugnant to the lawyer as to be likely to impair the lawyer-client relaitonship or lawyer’s ability to rep

Question 4

grounds for mandatory withdrawl

Answer 4

must
1. The representation will result in a violation of the rules of professional conduct or other law
2. the lawyers physical or mental condition substantially impairs the lawyers ability to represent the client
3. the lawyer is discharged by the client

CA addition: the client is bringing an action, conducting a defense, starting a position in litigation, or taking an appeal without probable cause and for the purpose of harassing or maliciously injuring any person

Question 5

grounds for permissive withdrawl

Answer 5

lawyer is permitted to withdraw if it can be accomplished without **material adverse effect **on the client’s interests, OR good cause

examples of good cause:
* client persists in criminal or fraudulant course of action involving lawyer’s services or has already used laywers sservices to perpetrate a crime or fraud
* client fails substantially to fulfill obligation to the lawyer e.g. paying bills and has been given a reaosnable warning of withdrawl
* rep has been unreasonably difficult bc of the client
* client insists on taking action that the lawyer beleives to be repugantn or with which the lawyer has a fundamental disagreement
* rep will result in unreasonable financial burden

CA:
* no material adverse lang but withdrawl is allowed if client knowingly and freely assents to termination of rep
* no repugnant grounds

Question 6

protecting client’s interests upon termination

Answer 6

lawyer must (1) give reasonable notice to the client, (2) give the client time to find other counsel, (3) turn over any files or property, and (4) return any unearned advance payments

Question 7

clients have final decision over…

Answer 7

(1) whether to accept settlement offer
(2) what plea to enter
(3) whether to waive jury trial in criminal case
(4) whether client will testify in criminal case

Question 8

assisting in criminal/fraudulent conduct

Answer 8

must not counsel or assist client in illegal/fraudulent conduct BUT can advise on consequences of proposed course of action

if client insists on pursuing such course of conduct, L MUST withdraw

CA: adds conduct violating court rule or ruling

Question 9

representing organizations

Answer 9

lawyer reps and owes duties to the org, not the ppl associated with it
* must explain this whenever org’s interests are adverse to those of the person at the org with whom lawyer is dealing

Question 10

reporting org misbehavior

Answer 10

If the lawyer learns that a person associated with the organization has acted or is about to act in a way** violates a duty to the organization or law in a way that might be imputed to the organization**, the lawyer must proceed as reasonably necessary to protect the organizations interests
* report up: reporting the matter to the highest authority in the org
* report out: if reporting up doesnt work, lawyer MAY (but is not required to) reprot the infor outside the org to the extent necessary to prevent substantial injury to the org

CA:
* no reporting out
* but if highest authority fails to act, can withdraw

securities lawyers: Sarbanes-Oxley
* reporting up is mandatory
* if all else fails, the lawyer may disclose the matter to the SEC without client consent if reasonably necessary to prevent substantial injury to the organization or its investors, to rectify financial injury from a violation that involved a lawyer services, or to prevent a client from committing perjury

Question 11

representing someone with diminished capacity

Answer 11

maintain normal lawyer-client relationship BUT can take protective action if they reasonably believe the client cannot protect themselves from substantial harm (and then can reveal confidential info to the extent necessary to protect the client)

Question 12

competence

Answer 12

acting competently means with the legal knowledge, skill, thoroughness and preparation reasonably necessary for the rep

CA: adds mental, emotional, and physical ability

can solve via ALE:
-associate with a competent lawyer
-learn it without undue expense or delay to the client
-emergency: lawyer who lacks competence may also act for a client in an emergency situation

incompetence exposes a lawyer to disciple by the bar, disqualification in a litigated matter, and civil malpractice liability

Question 13

competence

Answer 13

acting competently means with the legal knowledge, skill, thoroughness and preparation reasonably necessary for the rep

CA: adds mental, emotional, and physical ability

solving competence problem: ALE
* associate with a lawyer who is comptent in the area
* learn it without undue expense or delay to the client
* emergency: lawyer who lacks comeptence may also act for a client in emergency situation

Question 14

diligence

Question 15

competence

Answer 15

acting competently means with the legal knowledge, skill, thoroughness and preparation reasonably necessary for the rep

CA: adds mental, emotional, and physical ability

solving competence problem: ALE
* associate with a lawyer who is comptent in the area
* learn it without undue expense or delay to the client
* emergency: lawyer who lacks comeptence may also act for a client in emergency situation

incompetence exposes a lawyer to disciple by the bar, disqualification in a litigated matter, and civil malpractice liability

Question 16

diligence

Answer 16

lawyer must act with reasonable diligence in representing a client
* control workload
* working with dedication to client’s interest and promptly pursuing matter to completion

Question 17

diligence

Answer 17

lawyer must act with reasonable diligence in representing a client
* control workload
* working with dedication to client’s interest and promptly pursuing matter to completion

CA: lower standard
-must not intentionally, recklessly, repeatedly, or with gross negligence fail to perform legal services with reasonable competence or diligence

Question 18

communication

Answer 18

explain the matter to the client to extent necessary to permit the client to make informed decisions

keep client reasonably informed abt the status of the matter; including all significant developments
* including plea deals and settlement offers except where client has prev indicated that the proposal would be acceptable or unacceptable or has authorized the lawyer to accept or reject the offer

promptly comply with reasonable requests from info from client

Question 19

communication

Answer 19

explain the matter to the client to extent necessary to permit the client to make informed decisions

keep client reasonably informed abt the status of the matter; including all significant developments
-includes plea bargain or settlement offered unless client has prev indicated that the proposal would be acceptable or unacceptable or has authorized the lawyer to accept/reject the offer

promptly comply with reasonable requests from info from client

Question 20

informed written consent in CA

Answer 20

requires disclosures by the lawyer and client’s consent both be in writing

Question 21

confidentiality

Answer 21

a lawyer must not reveal any information relating to the representation of a client, unless the client concerns or some other exception applies
* this includes using confidential info to the client’s disadvantage
* reasonable measures to prevent unatuhorized access to, or inadvertant disclosure of, the client’s confid info

broad: it applies regardless of the source of the information, and prevents all types of disclosure

timing: it applies to information gained during consultations with prospective clients even if the lawyer isn’t hired and it continues to apply even after the lawyer client relationship has terminated and even after the client has died

Question 22

exceptions

Question 23

confidentiality

Answer 23

a lawyer must not reveal any information relating to the representation of a client, unless the client concerns or some other exception applies
* this includes using confidential info to the client’s disadvantage
* reasonable measures to prevent unatuhorized access to, or inadvertant disclosure of, the client’s confid info

continues to apply until lawyer-client relaitonship has termianted and even after the client has died

broad: applies regardless of the source of the information and prevents all types of disclosure

Question 24

exceptions to DOC

Answer 24

(1) consent
-express or implied in order to carry out the rep
(2) prevent reasonably certain death or substantial bodily harm
-limits in CA: only criminal act that is likely to result in death or SBI, and first have to make good faith effort to persuade the client not to comitt or continue committing the act, and inform client of the lawyer’s ability or decision to reveal the information
(3) prevent the client from committing a crime or fraud that is reaosnlby certain to cause substantial financial loss to a person if the client is using or has used the lawyer’s services in furtherance of the crime or fraud
-also to rectify or mitigate the financial loss if the crime is already completed
-no such exception in CA
(4) defend self or establish claim against client after client has brough actual claim or proceeding against the lawyer
(5) obtain legal ethics advce
(6) adress conflict resulting from org change/change of employment
-but laywer must not reveal information that would compromise the ACP or otherwise prejudice the client
(7) comply with court order or law requiring the lawyer to disclose info about the client (but first must challenge it and seek review if poss) and may permit disclosure if another ethics rule requires e.g. outside reporting of corporate violations and candor to the tribunal
-CA only recognized court roders, not other ethics rules; confidentiality is supreme

Question 25

exceptions to DOC

Answer 25

permissive: permit but do not require
(1) consent
-express or implied in order to carry out the rep
(2) prevent reasonably certain death or substantial bodily harm
-limits in CA: only criminal act that is likely to result in death or SBI, and first have to make good faith effort to persuade the client not to comitt or continue committing the act, and inform client of the lawyer’s ability or decision to reveal the information
(3) prevent the client from committing a crime or fraud that is reaosnlby certain to cause substantial financial loss to a person if the client is using or has used the lawyer’s services in furtherance of the crime or fraud
-also to rectify or mitigate the financial loss if the crime is already completed
-no such exception in CA
(4) defend self or establish claim against client after client has brough actual claim or proceeding against the lawyer
(5) obtain legal ethics advce
(6) adress conflict resulting from org change/change of employment
-but laywer must not reveal information that would compromise the ACP or otherwise prejudice the client
(7) comply with court order or law requiring the lawyer to disclose info about the client (but first must challenge it and seek review if poss) and may permit disclosure if another ethics rule requires e.g. outside reporting of corporate violations and candor to the tribunal
-CA only recognized court roders, not other ethics rules; confidentiality is supreme

Question 26

ACP

Question 27

ACP

Answer 27

ACP allows the client to refuse to testify and prevent their lawyer from testifying before a court or other government tribunal about confidential communications between them or their respective agents
* attaches with prospective clients and contrinues after rep ends
-CA: terminate after the clients death when the clients estate is settled in the personal representative is discharged

as comp to DOC…
* it is an exclusionary rule of evidence that prevents the lawyer or client from being compelled to testify about the privileged communications between lawyer and client (as opposed to all type of disclosure from any source via confid)
* shiled, not affirmative duty (much narrower)

Question 28

ACP

Answer 28

ACP allows the client to refuse to testify and prevent their lawyer from testifying before a court or other government tribunal about confidential communications between them or their respective agents
* attaches with prospective clients and contrinues after rep ends
-CA: terminate after the clients death when the clients estate is settled in the personal representative is discharged

as comp to DOC…
* it is an exclusionary rule of evidence that prevents the lawyer or client from being compelled to testify about the privileged communications between lawyer and client (as opposed to all type of disclosure from any source via confid)
* shiled, not affirmative duty (much narrower)

exceptions:
* client uses attorneys services to enable or aid anyone to commit a future crime or fraud
* Communication that is relevant to an issue of breach of the duties arising out of the attorney client relationship or where the client otherwise puts the legal services at issues in the case
* civil litigation between multiple persons who are formally the joint clients with the lawyer
* certain situations where the lawyer is called to give evidence about the competency or intention of a client who has attempted to dispose of property by will or inter vivos transfer
-CA: adds necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in a person substantial bodily injury or death