Low - Prof Resp

Question 1

Advising or Assisting Violation of Law

Answer 1

L knows conduct is (1) criminal, (2) fraudulent or (3) violation of law, rule, ruling of tribunal [CA]
L may discuss legal consequences, determine validity, scope, application of law
CA - permitted to advise/assist C w/complying w/CA laws even if conflicts with Federal or Tribunal law

Question 2

Inadvertent Disclosure of Confidential Info

Answer 2

reasonable efforts to prevent disclosure
ABA: receiver must promptly notify seller if knows/should know material was inadvertently sent
CA: material obviously appears to be confidential and privileged, L must: (1) refrain from examining material any more than essential to ascertain (2) immediately notify sender (3) proceed to resolve situation

Question 3

COI - Prospective Clients

Answer 3

can’t represent C with materially adverse interest in same or substantially related matter if lawyer received confidential info material to matter of two Cs.
Except: (1) informed consent
(2) timely screened from participation in matter and written notice given

Question 4

Business Ownership by Lawyer

Answer 4

may own and operate business separate from practice of law - must be aware of COI

Question 5

Gifts from Clients

Answer 5

Cannot solicit client to make substantial gift UNLESS L is related to C.
L cannot prepare instrument for C giving L or L’s relative a substantial gift UNLESS (1) L is related to C or (2) independent lawyer advised the C [CA]

Question 6

Acquisition of Client’s Literary/Media Rights

Answer 6

ABA: cannot make/negotiate an agreement giving him rights to portrayal or account on info based on rep.
CA: no rule

Question 7

Aggregate Settlements and Pleas

Answer 7

multiple clients = L must obtain informed written consent of each client 
Does not apply to class actions

Question 8

Limiting Liability to Client

Answer 8

CA: L cannot prospectively limit liability to C for malpractice
ABA: permitted if C is independently represented
ABA & CA: cannot settle a claim for professional malpractice unless C (1) represented by independent lawyer or (2) advised in writing that C may seek advice of another lawyer and given reasonable opportunity to do so

Question 9

Org as Client

Answer 9

L must “report up” when L knows constituent is acting in manner (1) violates law or legal obligation and (2) action is likely to result in substantial injury to org
ABA: if higher up refuses to change course, L may report outside org if (1) action/refusal is violation of law and (2) L reasonably believes violation will result in substantial injury to org
CA: L cannot report outside the org if violate confidentiality

Question 10

Duties to Court - Ex parte communications

Answer 10

cannot seek to influence court or communicate merits without all parties present UNLESS authorized by law
Must make known all material facts known that will enable tribunal to make infomed decisions

Question 11

Obstructing/Altering Discoverable Evidence

Answer 11

cannot unlawfully (1) obstruct another party's access to evidence or (2) alter, destroy or conceal a doc with evidentiary value
Cannot counsel/assist another person to do it

Question 12

Improper Influence -PR

Answer 12

Cannot seek to influence a judge, juror, prospective juror or other official by means prohibited by law.
Cannot falsify evidence, counsel or assist a witness to testify falsely, or offer unlawful inducement to a witness
Cannot request a person to refrain from voluntarily giving info to another party unless (1) other party is relative, employee or agent of C and (2) reasonably believes silence will not adversely affect person’s interest

Question 13

Proper Discovery Requests and Compliance

Answer 13

must make reasonably diligent effort to comply w/legally properly discovery request by opposing party
Cannot make frivolous discovery request

Question 14

Lawyer as Witness

Answer 14

cannot act as trial counsel when L is likely to be necessary witness UNLESS (1) testimony related an uncontested issue (2) relates to nature and value of legal services rendered (3) L disqualification would create substantial hardship on C [ABA] OR (4) L has informed written consent [CA]

Question 15

Advance Payments and True Retainers

Answer 15

may required advance payments of fee from C (retainer) BUT is obliged to return unearned portion
CA: may charge non-refundable true retainer ONLY if C agrees in writing after disclosure that fee is non-refundable. Ensures L’s availability

Question 16

Communication concerning Lawyer’s services

Answer 16

cannot make false or misleading communication about L’s services.
false/misleading if: (1) contains material misrepresentation of fact or law (2) omits a fact necessary to make statement not materially misleading

Question 17

Professional Misconduct

Answer 17

(1) violate ethical rules (2) commit criminal act that reflects adversely on honesty, trustworthiness, or fitness (3) engage in conduct involving dishonesty, fraud, deceit, misrepresentations (4) conduct that is prejudicial to administration of justice (5) improperly influence government agency/official (6) knowingly assist a judge/judicial officer

Question 18

Reporting Professional Misconduct

Answer 18

ABA: MUST report another L or judge when (1) L knows (2) other lawyer/judge violated the ethical rules (3) raises a substantial question (4) as to honesty, trustworthiness, or fitness as lawyer/judge
CA: not required to report known violations. Lawyer must report (1) charged w/ felony (2) convicted of serious crime (3) civilly liable for fraud/misrepresentation/breach of fiduciary duty/gross negligence in professional capacity (4) disciplined (5) sanctions $1k or more (except discovery) (6) sued malpractice three or more times a year or court judgment