PR

Question 1

Fees

Answer 1

i. How fee is calculated
ii. What services are covered
iii. The lawyer % client’s duties

iv. CA also requires Writing unless—
a. Fee is $1000 or less,
b. with a corporate client
c. for routine services for a regular client
d. or it is an emergency or impracticable

Question 2

Imputed conflicts – procedure to screen

Answer 2

screened

dont share fees

notify client

Question 3

Conflicts between former clients and current clients

Answer 3

same or substantially related matter
&
materially adverse

Question 4

Competence

Answer 4

ABA: must act competently

CA: discipline if intentionally, recklessly, gross negligence, or repeatedly fails to perform

Question 5

Compensation from third party

Answer 5

1. informed consent (CA: writing)
2. no interference
3. confidentiality

Question 6

Factors to determine reasonableness of fee

Answer 6

time and labor

novelty and difficulty

skill

experience and reputation of attorney

Question 7

Communicating with represented person

Answer 7

if knows represented, no unless

other counsel gives permission or

authorized by law or court

Question 8

Settling malpractice claim

Answer 8

advise in writing to get independent counsel

and give reasonable chance to do so

Question 9

Threatening to report lawyer

Answer 9

unethical if to gain advantage

Question 10

Employing disbarred and ineligible lawyers

Answer 10

CA:
notice to bar

notice to clients

may draft, research, and clerical activities

no practice of law

Question 11

Conflict

Answer 11

Directly adverse to another client, or

Significant risk that your representation will be materially limited

Question 12

Remedies for an unconsented conflict

Answer 12

will depend on the posture of the case. You might:

i. refuse to take the case;
ii. advise multiple clients to get separate counsel;
iii. withdraw.

Question 13

Statements about judicial/legal officers and candidates

Answer 13

ABA: knows is false or w reckless disregard, about qualifications or integrity (judge, hearing officer, public legal official, candidate)

CA: only applies to judicial officials and candidates

Question 14

special role of prosecutor

Answer 14

timely disclosure of evidence

probable cause to prosecute

Question 15

Contingent Fee

Answer 15

writing, signed by client, & contain –

1. Your %
2. What expenses will be deducted from the recover
3. Whether your % is taken before or after expenses, &
4. What expenses your client must pay, regardless of outcome

CA also requires:

1. How work not covered by contingency fee will be paid, and
2. That lawyers fees are negotiatble

Question 16

Paying client expenses to third party

Answer 16

ABA: must keep client informed

CA: must obtain clients consent first

Question 17

Duty with evidence

Answer 17

cant obstruct access

cant alter, destroy, conceal

cant counsel another person to do so

Question 18

Communicating with represented person (business org)

Answer 18

consent of company counsel if

ABA: high level, may be imputed, or authority to bind

CA: any current officer, director, etc.

Question 19

Business transaction with client

Answer 19

First Discuss over coffee

Fair

Disclose Terms

Obtain counsel (writing suggesting and reasonable time)

Consent (signed writing)

Question 20

Failure to report

Answer 20

ABA: must report if raises question of lawyers fitness

CA: does not require

Question 21

Former government lawyer that moves to private practice.

Answer 21

“personally and substantially” on
same “matter”
unless gov consents

Question 22

Is conflict consentable?

Answer 22

1) Reasonable Belief
2) Informed Consent
3) Confirmed in writing (CA: signed writing)

+ not prohibited by law
not same case before tribunal

Question 23

Supervising subordinates

Answer 23

must make reasonable efforts to ensure

Question 24

Trial Publicity – PERMITTED

Answer 24

state offense/defense and identity of persons involved

Question 25

Lawyer has personal relationships with a party in the matter

Answer 25

CA: must disclose to client in writing

Question 26

Trial Publicity - PROHIBITED

Answer 26

extrajudicial statements that a reasonable person would expect to be publicly disseminated

if knows or should know substantial likelihood of prejudicing the proceeding

Question 27

Duty of Dilligence

Answer 27

May withdraw if client repeatedly fails to perform obligation with reasonable warning

Question 28

Loans to Client

Answer 28

ABA: forbids all financial assistance, except (a) advances of litigation expenses under a contingent fee arrangement, (b) litigation expenses for an indigent client, and (c) in pro bono representations, “modest gifts” of basic living expenses like food and rent if they are not used as inducements to be retained or reimbursed.

CA: allows loans to a client in all matters for any purpose with a written loan repayment agreement

Question 29

Property for services

Answer 29

may accept

ABA: cant be stake in the case

Question 30

Double Billing

Answer 30

ABA: No bc unreasonable

CA allows if:

(a) The fee charged to each is “not unconscionable”;
(b) the attorney clearly disclosed the billing practice at the outset of the relationship; and
(c) obtained the clients’ consent.

Question 31

Advising Witness to avoid contact

Answer 31

cannot advise

unless relative, ee, or agent & reasonably believes wont adversely affect their interests

Question 32

matter

Answer 32

same facts and parties