Lawyer Client Relationship Issues Checklist Flashcards
L/C Relationship Issues Checklist
Duty of Loyalty
Duty to Communicate
Scope of Representation
Duty of Confidentiality
Attorney/Client Privilege
Fees
Duty of Competence and Care
Duty of Diligence
Duty to Safekeep Property
Withdrawal
“Lawyers communicate really carefully, promising full competence during settlement work”
Professional Integrity Issues List
Advertising/Solicitation
Unauthorized practice of Law
Liability for another L’s conduct
Duty of Fairness
Reporting Ethical Violations
“LUDA Raps”
Who is a prospective client?
A person who consults with L about the possibility of a C/L relationship with respect to a matter
Duty of Diligence ABA
L shall act with reasonable diligence and promptness in representing a client
Duty of Diligence CA
L shall not intentionally/recklessly/repeatedly fail to act with reasonable diligence in representing C.
Reasonable diligence means L
1. Acts with commitment and dedication to interests of C
2. Does not neglect or disregard a legal matter entrusted to L
Scope of Representation
L decides legal strategy
C decides substantive decisions
Duty of Loyalty general rule
A lawyer has a duty of loyalty to his client, which requires him to place the clients interests above all other interests and avoid conflicts of interest “COI”.
When does a COI occur?
- The representation of one C will be directly adverse to another C
or - There is a significant risk the representation of C will be materially limited due to a personal interest of L, interests of another client, or interests of a third party
ABA Rule: L can represent C despite COI if
- Reasonable belief L can provide competent and diligent representation to each affected client
- Each C gives informed consent confirmed in writing
- Clients not asserting a claim against each other
- Representation not prohibited by law
CA Rule: L can represent C despite COI if
Same as ABA rule but also has specific exception if L has any relationship to a party or witness
Sexual relations with client
L shall not have sexual relations with client unless relationship existed before the L/C relationship began
Business Transactions with Clients
L shall not enter into a business transaction with C or knowingly acquire an interest that is adverse to C
EXCEPTION
1. Fair/reasonable
2. Terms disclosed in writing (CA: L’s ROLE must also be disclosed in writing)
3. C advised to seek outside counsel
4. Informed consent
Lawyer and gifts
L shall not
- Solicit a substantial gift from C
- Draft a legal document for C that contains terms that gives L, or a family member of L, a substantial gift
EXCEPT: CA allows gift if C advised by independent lawyer AND certificate of independent review provided OR
Gift is fair + no undue influence
Rule: L takes proprietary interest
L shall not acquire proprietary interest
Unless lien for fees or contingency in civil case
ABA: Competence
L shall represent C with legal knowledge, skill, thoroughness and preparation reasonably necessary for representation