I. Coverage of the Virginia Bar

Question 1

Organizing the Issues - Building Block

Answer 1

duty of (duty) to (person or thing)

Question 2

Duties owed to clients

Answer 2

Clients Love Fierce Counsel

(1) Confidentiality, (2) Loyalty, (3) Financial, (4) Competence

Question 3

Duties owed to other persons/things

Answer 3

Courts Feel Differently

Candor, Fairness, Dignity/Decorum

Question 4

Things other than clients owed a duty

Answer 4

Cant Accept Less Than Perfection

Court, Adversaries, Legal Profession, Third Parties, Public

Question 5

Duty of Confidentiality to Client

Answer 5

Not permitted to reveal any information protected but the A/C privilege or gained through the professional relationship that would harm or embarrass the client.

Issues: A/C privilege and exceptions

Question 6

Duty of Loyalty to Client

Answer 6

Must not allow self-interest or interest of another party to conflict with the interest of the client.

Issues: conflicts among or between clients, , conflicts between attorney and client, conflicts due to third party interference

Question 7

Duty of Financial responsibility to the client

Answer 7

Duty to safeguard client’s property. Reasonable and ethical fee structures.

Question 8

Duty of Competence

Answer 8

Duty to render competent service to the client by using the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Issues: Diligence, Communication, actual representation, scope of representation, withdrawn of representation