Loyalty to the Profession

Question 1

Avoiding Interference with Professional Judgment

Answer 1

• No sharing legal fees with non-lawyers except
  
  1. after death, to L’s estate; or
  2. compensation plan
• No partnership with non-lawyer (partnerships involving law practice)
• No corporation with non-lawyer (corporation involving law practice)

Question 2

Withdrawing from Employment: Mandatory

Answer 2

• discharged by C
• physical/mental impairment of L materially impairs
• violate model rule/law
  
  • **CA: sexual relations

Question 3

Withdrawing from Employment: Permissive

Answer 3

• no material adverse effect on client interests
• using L’s services to continue crime/fraud
  
  • if fraud, urge client to rectify
  • if C refuses, withdraw
  • can inform defrauded party (NOT in CA)
• C action repugnant or in fundamental disagreement with L
• C fails to fulfill obligation to L and has been warned that failure will result in withdrawal
• Unreasonable financial burden for L
• Other good cause

Question 4

Permissive Withdraw: CA

Answer 4

A member shall not withdraw from employment before taking reasonable steps to avoid reasonably foreseeable prejudice to C’s rights (including giving notice and allowing time to employ other counsel)

Question 5

Disqualification: Imputed Disqualification

Answer 5

If one L in a firm cannot represent, then none can

Question 6

Disqualification: Successive Government/Private

Answer 6

Shall not, where L participated

• personally; &
• substantially; &
• on the same matter

UNLESS

• screened; &
• no fee; &
• notice to the government

Question 7

Disqualification: Former judge/third party neutral

Answer 7

No representation where participated

• personally; &
• substantially;
• unless informed consent in writing