Issues Checklist

Question 1

Community Property

Answer 1

1. Intro (CP, SP, QCP)
2. Prelim Qs (Status; Prenup)
3. Characterize Property
4. Original General Presumptions
5. Changes
   - Title presumption
   - Tracing
   - Transmutation
   - Mgmt / Control
   - Contributions
   - Special Rules
   — Personal Injury
   — Pension / Retirement / Stock Options
   — Disability / Workers’ Comp
   — Severance Pay
   — Bonuses
   — Education
   — Life Insurance
   — Biz & Prof. goodwill
   — Federal Preemption
   - Creditor Rights
   - Debts
6. Distribution / Order of debt satisfaction

Question 2

Professional Responsibility

Answer 2

I. Lawyer-Client Relationship
1. Duty of Loyalty
- Concurrent conflict (between clients, L and C, third party)
- Special conflicts (org, ins., gov, imputed)
2. Duty to Communicate
- to clients
- Comms to repped/unrepped
3. Duty of Competence
4. Duty of Diligence
5. Duty of Confidentiality
6. Duty to safekeep property
7. A-C Privilege
8. Scope of Rep
9. Fees (amount, splitting, referrals)
10. Withdrawal

II. Professional integrity
1. Ads / solicitation
2. Unauthorized practice of law
3. Liability for other lawyers’ misconduct
4. Duty of Fairness (candor to ct, fairness to opposing parties, trial publicity, prosecutors)
5. Reporting ethical violations
6. Duty to public / profession