General duties owed to clients Flashcards
legal practice standard
1.1 what a reaosnable attorney would have done under similar circumstances
criminal rep:
disciplinary complaint
ineffective assitance of counsel
conduct outside range of competence AND cases actual prejudice to client.
ALSO need to know about collateral consequences
General duties owend to clients
1.1 competence, communication
criminal rep: inefecrive assitance of counsel:
strickland test:
a. conduct outside range of competence
b. causes actual predjudice to client
must provide non citizens accurate
advice about immigration consequences
other duties: (3)
1.4 duty to comm
8.4c duty to be candid
duty to fufull additional responsibilities assumed by K
Informal assumption of duty
rest 14 have to honor
Division of responsibility under 1.2
- competent client determines objective
2. lawyers unless otherwise agreed to make decisions that involve technical, legal and straategic cocnerns
diminished capacity 1.14
try to make relationship normal, may need to take protective actions when: a. lawyer reasonably beleies diminished cap b. client risk of sub harm, client cant adequate act in his own intterests
dimihished capacity- may disclose when
reasonably necesarry to protect clients interests