Mid Term

Question 1

Maintaining the Integrity of the Profession

Answer 1

Rule 8.3 Reporting Professional Misconduct

Question 2

Law Firms and Associations

Answer 2

Rule 5.1 Responsibilities of a Partner or Supervisory Lawyer
Rule 5.2 Responsibilities of a Subordinate Lawyer
Rule 5.3 Responsibilities Regarding Non-lawyer Assistance

Question 3

Client-Lawyer Relationship

Answer 3

Rule 1.6 Confidentiality of Information

Question 4

Regulation of Lawyers, How / By who?

Answer 4

Self Regulating Profession

Question 5

What guides lawyers’ decisions/sources in ethical behavior?

Answer 5

i. Rules of Prof. Conduct
ii. Law + procedure (ex: ethics opinions)
iii. Peers: approval + guidance
iv. Conscience: what appears to be right + wrong

Question 6

Do Rules also apply to when not active or practicing?

Answer 6

Yes

Question 7

Rule 8.1: Bar Admission + Disciplinary Matters

Maintaining The Integrity of The Profession

Answer 7

• An applicant for admission to the bar,
  shall not:
  (a) knowingly make a false statement of material fact
  or
  (b) fail to disclose a fact necessary to correct a misapprehension
  or
  knowingly fail to respond to a lawful demand for information from disciplinary authority,
• except protected by Rule 1.6.

Question 8

4 REASONS for Disciplinary Sanctions

Answer 8

1. Public protection
2. Foster public confidence
3. Preserve integrity of profession
4. Deter other lawyers from bad conduct

Question 9

Rule 8.3: Reporting Professional Misconduct

[Maintaining The Integrity of The Profession]

Answer 9

(a) A lawyer who knows that another lawyer has violated the Rules
- that raises a substantial question as to
- honesty, trustworthiness or fitness as a lawyer
shall
inform the appropriate professional authority.

(b) Judge misconduct
(c) Not require disclosure of information protected by Rule 1.6 or information in an approved lawyers assistance program.

Question 10

Rule 5.1: Responsibilities of a Partner or Supervisory Lawyer
[Law Firms And Associations]

Answer 10

(a) A PARTNER in a law firm, possesses managerial authority in a law firm,
- shall
- make efforts that the firm HAS IN EFFECT measures that all lawyers in the firm conform to the Rules

(b) A lawyer having direct SUPERVISORY authority over another lawyer
- shall make efforts to ensure that THE OTHER lawyer conforms to the Rules

(c) A lawyer SHALL BE RESPONSIBLE for another lawyer’s violation if:
(1) the lawyer orders the conduct involved;
or
(2) the lawyer is a partner or managerial or has direct supervisory authority over the other lawyer,
~ and knows ~ of the conduct at a time
when its consequences can be avoided or mitigated but FAILS to TAKE reasonable remedial ACTION

Question 11

Rule 5.2: Responsibilities of a Subordinate Lawyer

[Law Firms And Associations]

Answer 11

(a) A lawyer is bound by the Rules notwithstanding that the lawyer acted at the direction of another
[FOLLOWING ORDERS = NO Excuse]
(b) A subordinate lawyer does NOT violate the Rules of if he acts in accordance with a SUPERVISORY lawyer’s Reasonable Resolution of an ARGUABLE question of professional duty

Question 12

. Rule 1.6: Confidentiality of Information

[Client-Lawyer Relationship]

Answer 12

(a) A lawyer SHALL NOT reveal information
- client gives INFORMED CONSENT,
- the disclosure is impliedly authorized in order to carry out the representation or
- permitted by paragraph (b).

[EXCEPTIONS] (b) A lawyer MAY reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:

(1)  DEATH or substantial bodily harm;

(2) to PREVENT  the client from committing a  - CRIME  or fraud that is reasonably certain to result in substantial injury of another  and  - In furtherance used or is using the lawyer's services;

(3) to prevent /  RECTIFY  substantial injury to the financial interests or property of another that is reasonably certain to result or HAS RESULTED from the Client's commission of a Crime + has used the lawyer's services;
(4) to secure ADVICE about the lawyer's COMPLIANCE  
(5) to establish a claim or DEFENSE on behalf of the lawyer in a controversy between the lawyer and the client, 
(6) to COMPLY  with other law or a court order; or
(7) to detect and resolve Conflicts of Interest arising from the lawyer’s change of employment 

[Protect Info] (c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure

Question 13

Why do we have confidentiality??

Answer 13

To promote Open and Honest communication to help facilitate representation of the client

Question 14

Rules dealing with Client Crimes / Fraud

Answer 14

1.16, 1.2d, 1.6b, 4.1b, 8.4c

Question 15

Lawyer / Client Relationship

Answer 15

1. 1 Competence, 1.2 Scope, 1.3 Diligence,
2. 4 Communications, 1.14 Diminished Capacity,
3. 16 Declining or Terminating Representation,
4. 2 Appointed Cases 2.1 Advisor 4.2 Communication w/ others Represented by Counsel

Question 16

Discipline

Answer 16

1. 6 Confidentiality,
2. 1 Truthfulness in Statements to Others
3. 3: Reporting Professional Misconduct
4. 4 Misconduct

Question 17

Law Firms

Answer 17

5. 1 Supervisory Lawyer

5. 2 Subordinate Lawyer

Question 18

Not Enough Time to represent competently

Answer 18

i. Pull in others …or
ii. 1.1 Competence
iii. 3.4(c) Fairness to Opposing Party + Counsel -

Question 19

Negotiations w/ others

Answer 19

• 8.4(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
• 3.3 Duty of Candor toward the Tribunal
• 4.1 Truthfulness

Question 20

Scope of Representation Between Client + Lawyer

Answer 20

Rule 1.2:
i. (a) a lawyer shall abide by a client’s decisions concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued.

Question 21

Settlement - what must lawyer do?

Answer 21

Inform + client’s decision whether to settle a matter - 1.4 Communication

Question 22

R 1.2 (Scope) A lawyer shall not counsel a client to engage, or assist a client, …..

Answer 22

in conduct that the lawyer knows is criminal or fraudulent

Question 23

Legal Analysis R1.2 is ..?

Answer 23

Allowed

Question 24

R1.2 combo rules

Answer 24

Rule 1.16(a) - Declining or Terminating Representation

Rule 4.1. - Truthfulness in Statements to Others

Question 25

Scope and Diminished capacity R 1.14 =

Answer 25

still abide by client’s wishes / reference to Rule 1.14.

Question 26

R.1.16 Declining or Terminating Representation

Answer 26

(b)(2) a lawyer may withdraw from representing a client if: the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent

Question 27

Rule 4.1: Truthfulness in Statements

Answer 27

course of representing a client a lawyer shall not knowingly:….make false statements

Question 28

Rule 1.4: Communications - Mandatory MUST Tell of

Answer 28

settlement offers

Question 29

Client with Diminished Capacity

Answer 29

Rule 1.14:
a = is diminished
b = may be diminished