NY BAR REVIEW PROFESSIONAL RESPONSIBILITY 1 Flashcards
ABA
model rules of professional conduct
NYS BAR makes proposal to the ____
appellate division - adopting the rules they think are appropriate.
NYS bar association made the comments to the rules - suggestions, not binding, how it is to be interpreted, what they are supposed to mean
court interpretations
rulings of the disciplinary committee
no binding
disciplinary appointed NOT by _________ , but by the _______
bar.
courts.
client makes decisions about
objectives
lawyer makes decisions about
means, doesnt need to consult client as long as doesnt prejudice client’s rights
lawyer may agree to
reasonable requests by opposing counsel - scheduling
lawyer may refuse to participate in
conduct he believes may be unlawful
how to represent the client?
ZEALOUSLY
communications with the client
keep client apprised of their matter - update client on material developments - including settlements and plea offers
who decides settlement or plea offer?
the client
lawyer withdrawal from representation
must v. permitted to
MUST withdraw
lawyer knows or reasonably should know that client is acting merely to harass or maliciously injure another. no purpose for filing lawsuit/negotiation. if thats a side effect, doesnt require to resign; but if thats the main purpose, then resign
cannot resign if
client will be prejudiced by it
confidentiality obligation
keep confidences and secrets
confidences and secrets
information gained from any source, doesnt have to come directly from client.
has to relate to representation.
has to be protected by atty client privilege.
and if reveal them somehow, detrimental to client.
client requested to keep in confidence.
marijuana possession
embarrassing. do not disclose without the clients approval
atty client privilege
communications to or from bw lawyer and client about providing or asking for legal advice.
reasonable care to - not just the lawyer, but those working for the lawyer are to keep client confidences.
exceptions where info may be revealed , re atty client privilege
may not use it to harm the client, or to help lawyer to the detriment of the client, or to help third party,but to help specific client
client consent
may be implied , when customary/ routine, reasonable under circumstances for representation of client
when MAY lawyer disclose info about client
- prevent client from committing a crime.
- prevent certain death or substantial bodily harm.
- to gain advice -communication with another lawyer; 4. bar hotline; lawyer accused of wrongful conduct - formal proceeding
- collect a fee.
