Lawyers' Duties to the Public and the Legal System

Question 1

When can a lawyer decline an appointment to represent someone?

Answer 1

Must accept unless good cause not to. Good cause includes:

• Appointment would violate law or the RPC (e.g. conflict)
• Appointment would be an unreasonable financial burden
• Lawyer would not be able to represent the client effectively

Question 2

What are the quick advice program rules?

Answer 2

• The full RPC rules apply except that the conflicts rules.

- Must get clients informed consent to the limited scope of the relationship

Question 3

A client from a quick advice program becomes a full representation. What happens?

Answer 3

The full conflict of interest rules apply

Question 4

What is the standard for conflict of interest with a client from a quick advice program?

Answer 4

No conflict of interest unless the lawyer actually knows that giving the client advice creates a conflict of interest

Question 5

I’m a leader/member/director/officer of a legal services organization. Do I have an attorney-client relationship with the organization’s clients?

Answer 5

No

Question 6

I am a member/director/officer of a legal services organization and I know there is a conflict between one of my regular clients and a client of the organization. What decisions should I not participate in?

Answer 6

1- decisions for actions by the org that would harm your regular clients to the benefit fo the clients served by the org
2- decisions for actions by the org that would harm the clients served by the organization to the benefit of regular clients

(Should abstain regardless how you would vote)

Question 7

I am involved in a law reform organization. Some of the considered law reforms may benefit or harm my client. What should I do?

Answer 7

• If the reform benefits your clients, then you must disclose that one of your clients may benefit from the reform (but don’t need to disclose which one)
• If the reform would harm your clients, that’s ok

Question 8

I want to say something bad about a judge and the attorney general. What should I worry about?

Answer 8

• Cannot make statements about ehe qualifications or integrity of judges or public legal officials if the statements are false or made with reckless disregard for their falsity

Question 9

A lawyer who _____ assists a just or judicial officer in violating the RPC or CJC is subject to discipline.

Answer 9

KNOWINGLY

Question 10

Can a lawyer make donations to a judge or public legal official’s campaign?

Answer 10

Yes, but the donation cannot be made with the purpose of getting an appointed position (no “pay-to-play”)

The following appointments are never subject to pay to play discipline:

• Unpaid positions
• appointments made not the basis of experience, expertise, qualifications and cost in an uncorrupted process
• Engagements made on a rotating basis from a list of qualified candidates