Overview / Regulation of Lawyers

Question 1

What Law to Apply

Answer 1

PR essay questions test:
1) ABA Model Rules of Professional Conduct
2) CA Rules of Professional Conduct + CA Business and Professions Code + Case Law

“Answer according to CA and ABA authorities” - when there is a split between the rules, you need to APPLY BOTH on the SAME QUESTION. Meaning you really do need to know the differences. But don’t write two essays - just state the rule and apply it and if there’s a difference do a quick little duplicate for the CA one.

Code of Judicial Conduct CJC not tested!

CA in real life does conform most PR rules to ABA. Few differences.

Question 2

What Subjects an Attorney to Discipline?

Answer 2

4 major categories:

1) Actual or attempted rule violations
2) Crimes and dishonesty (even when atty acting in personal capacity)
3) Actions that harm the justice system (anything that might make the justice system look bad like hiding evidence or helping judge cheat or implying you can deliver bribe to judge)
4) Discrimination and harassment relating to law practice

Question 3

Choice of Law for Discipline

Answer 3

Look where
1) lawyer is admitted or
2) court where lawyer appears or
3) where predominant effect of lawyers conduct is felt.

Usually CA essays are in a nonidentified geographic space.

Question 4

How to Approach Written Essays

Answer 4

Memorize checklist of major duties owed to clients and all other non-client entities.

“The lawyer has a duty of [duty] to [client or non-client entity].”

Duties owed to each client(s):
1) Confidentiality
2) Loyalty (conflict of interest rules)
3) Financial responsibilities
4) Competence
5) Others

Duties owed to others (courts, adversaries, legal profession, 3rd parties, public at large):
1) Candor
2) Fairness
3) Dignity & Decorum
4) Others

CLFC;CFD
Clients
Love
Fierce
Counsel;
Courts
Feel
Differently

Confidentiality
Loyalty
Financial responsibilities
Competence;
Candor
Fairness
Dignity & decorum