Miscellaneous

Question 1

M.R. 4.4(b) - inadvertent disclosures

Answer 1

• requires prompt notice to opposing counsel when they know or reasonably should know that it was sent by mistake
• split on whether or not you have to return it if asked for ; ABA says its ok to look, others say you can’t look

Question 2

M.R. 1.4 - Attorney Communication Duties

Answer 2

lawyer has the following communication duties;

1. promptly notify client of matter which requires informed consent
2. reasonably consult client on the means
3. keep client reasonably informed
4. promptly reply to requests for information
5. consult client on relevant limits on attorney conduct

Counterpart - Cal 3-500
- #3 and #4 from above + promptly communicate any offer in criminal matters and any written offers in all situations

Question 3

Termination - By Client

Answer 3

• Can be for any reason

- Indigent criminal clients cannot fire once appointed (but can ask court)

Question 4

Termination - By Attorney - MUST seek withdrawal if…

Answer 4

1. Rep will result in unethical duties
2. Physical/mental condition impairs ability to rep
3. Lawyer is discharged
4. There is no probably cause (just annoying the other party)

Question 5

Termination - By Attorney - MAY seek withdrawal if…

Answer 5

1. Can be accomplished without any material adverse effect
2. Reasonably believes the action is criminal/fraudulent
3. Client is using services to commit crime/fraud
4. Fundamental disagreement with client’s decision