Final

Question 1

Duty of Competence

Answer 1

Atty shall provide client w/ competent representation - legal skills, thoroughness, and preparation reasonably necessary for the representation.

Question 2

Subordinate Competence

Answer 2

Supervisors have a duty not to assign subordinates more work than can competently be handled.

Question 3

Atty-Client Relationship

Answer 3

Formed whenever potential client perceives it has been

Avoided only by express disclaimer

Question 4

Duty of Confidentiality Rule

Answer 4

Atty shall not reveal info relation to representation of client unless:
–client gives informed consent
–disclosure is impliedly auth’d in order to carry out the rep
or
–disclosure is permitted by an exception

Question 5

Duty of Confidentiality - Scope

Answer 5

• Covers EVERYTHING you learn during the course of rep, from WHATEVER source
• Weaker than priv, subject to subpeona
• Survives end of rep & death of client

Question 6

A-C Priv for Entity Clients

Answer 6

Protects info relevant to the subject matter of the litigation, no matter which employee communicates it

Question 7

Model Rules - Exceptions to Duty of Confidentiality

Answer 7

• prevent reasonably certain death or substantial bodily harm
• prevent crime/fraud client used atty’s services in furtherance of
• secure legal advice about compliance w/ Rules
• self defense
• comply w/ other law or ct order
• detect & resolve conflicts of interest

Question 8

Noisy Withdrawal

Answer 8

• Ask ct for permission to withdraw as counsel

- Ask ct to withdraw previously submitted info or affidavit

Question 9

CA Exception to Duty of Confidentiality

Answer 9

ONLY for crim act likely to result in death or substantial bodily harm

Question 10

Duty of Loyalty

Answer 10

• Can’t talk shit about clients

- Must avoid conflicts of interest

Question 11

Concurrent Conflicts

Answer 11

-Can’t represent a client that creates a concurrent conflict unless EACH client gives informed written consent

• -One client directly adverse to another
• -Significant risk rep of 1st client will be materially limited by rep of another, former, or 3rd party, or ATTY’S OWN INTEREST

Question 12

Atty Doing Business Deal w/ Client

Answer 12

Full disclosure requires:

• every circ & fact which client should know to make an intelligent decision concerning the wisdom of entering into the K
• detailed explanation of risks & disadvantages to client which flow from the K

Question 13

Post-Conviction Relief for Conflict

Answer 13

∆ who raised no objection at trial must prove (1) actual conflict of interest (2) adversely affected his atty’s performance

Question 14

Successive Conflicts

Answer 14

Atty who/whose former firm rep’d a client in a matter can’t rep another person in the same or a substantially related matter where interests are materially adverse to the former client’s unless FORMER client gives informed, written consent

Question 15

Allocation of Authority

Answer 15

Client controls ends, atty controls means

Question 16

Things ONLY a Client Can Decide

Answer 16

• settle
• plea
• waive jury
• testify

Question 17

3rd Party No Contact Rule

Answer 17

Prohibits atty from communicating about the subject of the representation w/ any person he KNOWS to be represented by counsel

Question 18

Alter Ego Test

Answer 18

“Represented party” for entity clients includes corp employees:
–whose acts/words are binding in the case
–whose acts/words are imputed to the corp
OR
–who is implementing the advise of counsel

Question 19

Using Testers

Answer 19

Tester must only seek info the target would otherwise disseminate to the general public

Question 20

Inadvertant Disclosures

Answer 20

Receiver has a duty to review ONLY to the extent necessary to determine conf nature, then immediately notify the sender

Question 21

Financing Litigation

Answer 21

Atty shall not make an agreement for, charge, or collect an unreasonable fee/expenses

FACTORS:

• novelty & difficulty of question involved
• skill req’d to perform legal service properly
• fee customarily charged in locality for similar legal services

Question 22

Duty of Candor to Tribunal

Answer 22

Can’t KNOWINGLY:

• make false stmt of fact/law
• fail to correct previous material misstmt of fact/law
• fail to disclose adverse legal auth’y that is on point & from controlling jx
• offer false evidence

Question 23

When Atty Knows Client Will Testify Falsely

Answer 23

1) Attempt to dissuade
2) Threaten to Withdraw
3) Noisy Withdrawal

Question 24

Upjohn Warning

Answer 24

• Company owns privs & can chose to waive them
• Everything said can & will be shared w/ company
• I represent the company, not you
• You’re free to consult an atty, b/c I’m not yours

Question 25

Recusal

Answer 25

Mandatory in any proceeding in which judge’s impartiality might reasonably be questioned

Question 26

Judge Membership in Orgs

Answer 26

Judge shall not hold membership in any org that practices invidious discrimination on the basis of race, sex, religion, national origin, gender, ethnicity, or sexual orientation

Question 27

UPL in CA

Answer 27

• Physical presence is not req’d - just one factor

- “In CA” entails sufficient contact w/ Ca client to render the nature of the legal service a clear legal representation

Question 28

Crim Case Causation

Answer 28

As a matter of law, it is the illegal conduct of the ∆, rather than the negligence of his counsel, that is the cause in fact of any injuries flowing from the conviction, unless the conviction has been overturned

Question 29

Liability to Non-Clients

Answer 29

Atty may owe a duty of care to non-clients when he knows/should know they will rely on his representations & they are not too remote to be entitled to protection

Question 30

Nonlawyers in the Law Business

Answer 30

• Can’t share legal fees w/ nonlawyer except firm staff, estate of dead atty, or NPO that employed/recommended him
• CA: also no lay equity p’rs if ANY law is involved in p’ship. No exceptions.

Question 31

Speech by Lawyers

Answer 31

• Cannot make extrajudicial stmt he knows/should know will be disseminated by means of public comm & will have a substantial likelihood of materially prejudicing an adjudicative proceeding the matter
• Can’t knowingly or w/ reckless disregard make false stmt of fact concerning the qualifications, conduct, or integrity of a judge

Question 32

Judicial Campaign Speech

Answer 32

• Can’t make stmt reas expected to affect outcome/impair fairness of matter pending/impending in any ct
• Or make pledges/promises inconsistent w/ impartial performance of duties

Question 33

Marketing Legal Services

Answer 33

• No in-person solicitation for $ unless atty, family, or prior client
• Targeted mail is fine as long as clearly marked “advertising material”