PR Flashcards
Duty of Loyalty
Duty to avoid Conflicts of Interest (COI)
A Lawyer may not accept or continue rep. of a Client, w/out IWC, if the rep. would (1) be directly adverse to another Client (actual) or (2) significant risk it would materially limit Lawyer’s responsibilities to another Client, former Client, or Lawyer’s own personal interest (potential), UNLESS:
* Lawyer reasonably believes he can competently and diligently rep. each Client and gets their IWC.
CA: or (3) Lawyer has a legal, business, financial, professional, or personal relationship w/ a Client in the same matter.
Duty of Diligence
A Lawyer must act w/ reasonable diligence (commitment and dedication) and promptness in rep. a Client.
CA: Lawyer may not intentionally, repeatedly, recklessly or w/ gross negligence fail to act w/ reasonable diligence in rep. a Client.
Duty of Competence
A Lawyer must have the legal knowledge, skill, thoroughness, and preparation reasonably necessary to rep. a Client.
* A Lawyer can gain competence through reas preparation w/out undue delay or expense to Client, association with a competent Lawyer, or in an ER.
CA: Lawyer may not intentionally, recklessly, or repeatedly fail to perform legal services w/ competence.
* Competence includes the duty to supervise the work of subordinate lawyers and non-lawyer employees.
Duty of Financial Integrety
Amount of Lawyer’s Fees
A Lawyer’s fee must be reasonable.
- Factors include: time, novelty/difficulty of the case, lawyer’s expertise, degree of specialty reqd, preclusion of other work, relationship w/ Client, results obtained, amount of the fee.
CA: Fee must not be unconscionable or illegal.
* Add’l factors: fee amount in proportion to value of services, relative sophistication of L&C, IWC
Duty of Financial Integrity
Fee Agreements
Written fee agreements are preferred under the ABA, and mandatory in CA for non-contingency cases UNLESS less than $1,000, routine Client and rate, corporate client, or waiver of writiten agreement.
- Contingency cases must be in writing for both.
Duty of Financial Integrity
Contingency Fee
Agreements
Contingency fee agreements must be in writing, signed by the Client, state the Lawyer’s fees will be paid out of any recovery the Client receives, and include the % the Lawyer will deduct, as well as the expenses and their deduction prior to or after the Lawyer’s fee is deducted.
* Not allowed in criminal or domestic relations case.
**CA: ** Must include how expenses not covered in agreement will be charged, and that fees are negotiable.
Total Silence
Duty of Confidentiality
A Lawyer must not reveal info relating to the rep. of a Client w/out IWC,
EXCEPT when:
* Impliedly authorized to carry out rep., the Client consents, Lawyer reas believes it necessary to prevent reas certain death or SBH, to prevent a crime/fraud likely to cause substantial financial harm, get ethical advice, defend against malpractice suit, in a fee dispute, or by court order.
CA: Only to prevent a criminal act that Lawyer reas believes is likely to result in death or SBH, after dissuading Client and informing him of the ability to reveal confidential info.
Conflicts of Interest
COI:
Current Clients
Conflicts of Interest
COI:
Former Clients
Duty of Communication
Withdrawal from Representation
Mandatory Withdrawal
Withdrawal from Representation
Permissive Withdrawal
Filing Frivolous Claims & Contentions
Duty of Candor to the Court
General duty
A Lawyer must not knowingly make a false statement of fact or law to the Ct or fail to correct a false statement of material fact or law previously made to the Ct, or fail to disclose adverse legal authority or offer knowingly false evidence.
CA: Lawyer is reqd to employ only means consistent with the truth, and never seek to mislead any judicial officer w/ false statements.
Duty of Candor:
Witness Perjury
Testimony of a criminal D:
* A Lawyer must take reasonable remedial measures to try to prevent future false testimony and to correct false testimony that a Client gave (e.g deposition, in court)
* If a Lawyer reas believes (not knows) testimony will be false, he must allow a criminal D to testify; discretionary for a civil D.
* If a Lawyer knows evid to be false, he should try to dissuade Client, ask to w/draw, or have Client testify in narrative form. If all fails, disclose false evid to Ct as reas necessary, CA UNLESS confidential, then no disclosure.
