PR

Question 1

Duty of Loyalty

Answer 1

Requires lawyer to put client interest above all other interest and avoid any conflicts of interest.

Question 2

Concurrent conflict of interest

[IMPORTANT]

Answer 2

A lawyer may not represent a client where there is a conflict of interest.

A concurrent conflict of interest exists if there is a significant risk that the representation of one or more clients will be materially limited by *(a) the lawyer’s responsibilities/loyalty to another client, a former client, or a third person or (b) by a personal interest of the lawyer.

Exception: lawyer may still represent the client despite conflict if:
- The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client without an adverse affect, and
- The representation is not prohibited by law, and
- Clients are not directly adverse, and
- Each client gives informed written consent.

Cal. no risk limitation: Even if no significant risk representation materially limited, a lawyer must still provide written disclosure of the relationship to the client AND meet the above exceptions if:
(1) Lawyer has any relationship to a party or witness (or knows another lawyer in firm does); or
(2) L knows another party’s L is (i) related to L; (ii) lives with L; (iii) is a client of L (or one in his firm), or (iv) is in an intimate relationship with L.

Question 3

Current and former Cs

Answer 3

L cannot represent a new C in the *same or a substantially related matter *(same transaction or substantial risk that confidential information obtained from former C could materially advance new C’s position) as a former C if new C’s interests are *materially adverse to the former C’s interests *(unless former C gives informed consent, confirmed in writing (ABA) or informed written consent (Cal.))

Question 4

Cal Insurance Conflict rule

Answer 4

Lawyers are permitted to represent both insurers and insureds whereby the insurer has the contractual right to unilaterally select counsel for the insured, resulting in no conflict of interest (by statute).

Question 5

Corp/Organizational conflict

Answer 5

A lawyer employed by an organization or corporation represents the organization/corporation and must act in the best interest of the organization/corporation.

• can rep org’s individuals (if requirements for concurrent conflicts met)
• must report up
• ABA: report out; CA: may not report out if breaches confidentiality (exception: to prevent crime likely result in death/subst bodily harm)

Question 6

aggregate end conflicts

Answer 6

No aggregate settlements or guilty pleas unless each client gives informed written consent

Question 7

Government employee conflicts

Answer 7

A lawyer who has formerly served as a government employee shall not represent a client in connection with a matter in which the lawyer participated personally and substantially as a government employee unless the governmental agency gives informed written consent.

(`The same standard applies to lawyers who served as judges, adjudicative officers, law clerks, arbitrators, mediators, or other third- party neutral persons.)

Question 8

Imputed firm disqualification:

Answer 8

conflict imputed to firm unless:

• Personal conflict and does not present a significant risk of materially limiting the representation by the other firm attorneys; or
• Conflict is based on (i) former client at a prior firm, (ii) the conflicted lawyer is timely screened behind an ethical wall from any participation in the matter, (iii) doesn’t share fee; and (iv) the former client is provided written notice and certifications of compliance with the screening procedures (and Cal. only the prohibited lawyer did not substantially participate in the same or a substantially related matter).
• A client can waive any imputed disqualification with consent (ABA, CA)

Question 9

L switches private firms - limits on new firm and old

Answer 9

Limitations on new firm: L cannot accept employment materially adverse to C from a former law firm when L has obtained confidential information material to the new matter without former C’s informed consent, confirmed in writing (ABA) or informed written consent (Cal.)). NOTE: see imputed conflicts in different card

OLD: When a lawyer has terminated association with a firm, firm may represent a person with interests materially adverse to those of a client represented by the formerly associated lawyer unless:
- The matter is substantially the same, and
- Any remaining lawyer has confidential information that is material to the matter.

Question 10

Prospective Cs conflicts

Answer 10

L cannot represent Cs with materially adverse interests in the same or a substantially related matter if L received information from the prospective C that could be “significantly harmful to current C” (ABA) / “material to the matter” (Cal.),

Unless Cs give informed consent, confirmed in writing (MR) / informed written consent (CA) or there is limited exposure, timely screening, no sharing of the fee, and notice to prospective C.

Question 11

Compensation by third parties

Answer 11

A lawyer shall not accept compensation from third parties to represent the client unless:
1. The client gives informed consent, (Cal. rule: written consent)
2. There is no interference with lawyer’s independent professional judgment or with the lawyer-client relationship, and
3. Information relating to the representation remains confidential.

Question 12

Client and Lawyer Conflicts list

Answer 12

• Personal beliefs
• Relationship to opposing counsel
• L as witness
• Sexual relationship
• Biz transactions
• Gifts
• Proprietary interest
• Financial Assisstance
• Limiting malpractice
• settlement of claims

Question 13

L-C conflicts: Personal beliefs:

Answer 13

The lawyer may still represent the client despite any conflict with his personal beliefs, with full disclosure and informed written consent.

Generally, conflict if L’s interest is opposite client’s or L has interest in subject matter he’s helping client with

Question 14

L-C conflicts: Relationship to opposing counsel

Answer 14

When lawyers are closely related by blood or marriage they must obtain informed consent before representing clients in the same or substantially related matters.

Cal. Rule: California follows the rule above and extends it, requiring written disclosures when:
- One lawyer is the client of the other lawyer.
- Two lawyers cohabitate.
- Two lawyers have a personal intimate relationship.

Question 15

L-C conflicts: Sexual relationship

Answer 15

ABA: A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed before the lawyer-client relationship commenced (can’t be waived!)

Cal. Rule: follows ABA rule and clarifies rule doesn’t apply to sex with lawyer’s spouse or reg domestic partner.

Question 16

L-C conflict - Business transactions:

Answer 16

A lawyer shall not enter into a business transaction with a client or knowingly acquire an interest adverse to the client unless:

1. The terms are fair and reasonable to the client, and
2. The terms are fully disclosed in writing to the client in an understandable manner
   [Cal. also requires that the lawyer’s role in the transaction be fully disclosed in writing]
3. The client is advised in writing to seek independent counsel,
   [Cal. that the client is actually represented by an independent lawyer of the client’s choice]

AND

3. The client gives informed written consent to the essential terms including whether the lawyer is representing the client in the transaction.

Question 17

L-C conflict: gifts

Answer 17

A lawyer shall not solicit any substantial gift from a client or prepare an instrument that gives the lawyer, or a person related to the lawyer, a gift unless the lawyer/person is related to the client.

Cal. Additional Rule: A lawyer may accept a gift if the client has been advised by an independent lawyer who has provided a certificate of independent review, or if the gift is fair and there is no undue influence.

Question 18

L-C conflict: Proprietary Interest

Answer 18

Lawyer shall not acquire proprietary interest in cause of action or subject matter of litig. unless to:
- Acquire a lien to secure the lawyer’s fees, or
- Contract with a client for a reasonable contingency fee in a civil case

Question 19

Financial Assistance to clients

Answer 19

ABA only: A lawyer shall not provide financial assistance to a client in connection with litigation, with the exception of
Contingency cases: A lawyer may advance court costs and expenses of litigation in contingency cases, the repayment of which is dependent on the case outcome, or
Indigent clients: Lawyer can advance court costs and expenses of litig. on behalf of indigent clients.

Cal. Rule: L may lend money to client after employment, for any purpose, if client promises in writing to repay

Question 20

Limiting Malpractice

Answer 20

ABA only: L may not agree to limit the lawyer’s own liability to the client without advising the client unless client is represented by independent counsel.

Cal. Rules do NOT allow lawyer to prospectively limit liability to a client

Question 21

Settlement of Claims (between L and C)

Answer 21

L shall not settle a claim or potential claim for such liability with an unrepresented client or former client

UNLESS that person is advised in writing of the desirability of seeking AND is given a reasonable opportunity to seek the advice of independent legal counsel

Question 22

Duty to Communicate

Answer 22

Duty to Clients: Lawyers have a duty to communicate with clients, to keep them reasonably informed of the status of the matter, and to respond to their reasonable requests for information so that they can make informed decisions.

Cal. Rule: slight distinction - L must keep client reasonably informed about significant developments relating to rep | Also, allows L to delay transmission of information to a client if the lawyer reasonably believes that the client would be likely to react in a way that may cause imminent harm to the client or others

Question 23

Communicating settlement

Answer 23

ABA: L must communicate all settlement offers to C and C must make the final decision to accept

Cal. Rule: L must communicate written settlement offers or an oral offer in a civil matter if it is a significant development

Question 24

Communications in Course of Representation
To represented parties

Answer 24

Represented party or witness: A lawyer shall not communicate with parties or witnesses known to be represented by another lawyer (in this matter) unless the other lawyer has consented, or the communication is authorized by law or court order.

Question 25

Communications in Course of Representation To unrepresented persons

Answer 25

When communicating with a person not represented by counsel, an attorney must not give legal advice and must make it clear who he represents.

An attorney may negotiate the terms of a transaction or settlement agreement with an unrepresented person.

Question 26

Duty of Competence

Answer 26

A L shall represent C with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Additional Cal. Rules:
- A lawyer must not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence. (A lower standard than the ABA rule.)
- A lawyer’s duty to act competently applies to learning and skill and mental, physical, and emotional ability.

Question 27

Duty of Diligence

Answer 27

ABA: A lawyer shall act with reasonable diligence and promptness in representing a client.

Cal. Rule: A lawyer shall not intentionally, repeatedly, recklessly, or with gross negligence fail to act with reasonable diligence in representing a client. Reasonable diligence means that a lawyer acts with commitment and dedication to the interests of the client and does not neglect or disregard, or unduly delay a legal matter entrusted to the lawyer.

Question 28

Duty of Confidentiality

Answer 28

ABA: [CIRCLEDD] L shall not reveal info relating to representation of a client except in the following situations:
- Informed Consent
- Implied Auth
- Reasonably certain Death / subst bodily harm
- Crime/Fraud (prevent or mitigate) for financial injury AND used L’s services
- Law compliance
- Ethics
- Defend against controversy between L-C or conduct C was involved with in L’s services
- Detect COI

Duty of Confidentiality (stricter) - must “maintain inviolate the confidence, and at every peril to himself to preserve the secrets of the client.” Exceptions:
- C gives informed consent
- L reasonably believes disclosure necessary to prevent criminal act likely to cause death or substantial bodily harm, BUT L must:
First make a good faith effort to persuade the client not to commit the crime, and
Inform client of L’s ability to reveal the information, and
Only reveal as much info as necessary to prevent the crime

Question 29

Duty to safekeep physical property

Answer 29

The lawyer must:
- Identify and label the property,
- Put the property in a safe place and safeguard,
- Maintain a journal of the property, and
- Not commingle the property with the lawyer’s own property.

Question 30

Duty to Safekeep client’s money

Answer 30

No commingling of funds. L has a duty to keep C’s money separate and not commingle funds
[Cal Rule: Except for funds reasonably sufficient to pay bank charges]

Client trust account: Funds must be kept in a C trust account [Cal Rule: must label “Trust Account” or similar and keep accounting records for five years.]

Advance Payments
ABA: withdrawn from trust by the lawyer only as fees are earned or expenses incurred.

Advance Payments, Cal Exception: A flat fee paid in advance may be deposited in a lawyer’s operating account if the lawyer discloses to the client in writing (must be signed by C if exceeds $1k) that the client can require the fees to be deposited in a trust account until the fee is earned and the client is entitled to a refund of any amount not earned.

Question 31

Prompt notice and payment

Answer 31

Notice: L must promptly notify C of receipt of funds (Cal.: no later than 14 days after receipt)

Delivery: promptly pay the client any funds due (e.g., settlement proceeds).
(Cal.: rebuttable presumption of violation if not delivered within 45 days, absent good cause)

Question 32

A-C Privilege

Answer 32

Attorney-client privilege is an evidentiary privilege that allows a C to keep confidential all *communications with his attorney, *intended to be confidential, made for the *purpose of facilitating legal services. *C holds -can refuse to testify and prevent L from testifying. *lasts beyond death (CA: when estate fully distributed/personal rep discharged)

Notes
- Presence of a third party may waive the privilege, unless where necessary (e.g., translator, rep of L or C).
Cal. (CEC) Rule: Allows holder to stop eavesdropper / wrongful inceptor from revealing confidential info
- can apply even if L doesn’t give advice, get paid, agree to rep

Question 33

Corporation/organization attorney-client privilege.

Answer 33

Federal common law: Applies to employees/agents if authorized by corporation to make the communication to L

CEC Rule: Applies to employees/agents if authorized, or the employee did something + corporation instructed her to tell its lawyer what happened

(the same)

Question 34

AC Privilege does not apply if:

Answer 34

Future Crime or Fraud: L’s services being used to further client’s crime or fraud;
CEC Rule: anyone’s crime

Dispute. Relates to a dispute between L and C or co-Cs;

CEC Rule: Death/Substantial harm: L reasonably believes disclosure necessary to prevent a crime likely to result in death or substant. bodily harm
If reasonable, make GF effort to persuade client not to do the crime or choose course that prevents the harm.

Estate disputes. (a) Parties claiming through a deceased client; (b) L as attesting witness; (c) intention of deceased C concerning a writing affecting a property interest; (d) validity of writing affecting property interest

Question 35

Work Product

Answer 35

Protects against the disclosure during discovery of any material containing the mental impressions, conclusions, opinions, or legal theories prepared in anticipation of litigation.

Cal. Rule: Absolute protection to work product: impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances.
- A qualified protection applies to other work product (e.g., information obtained by investigators), and may be discoverable to prevent unfair prejudice

-WP-Doctrine does not apply during investigation/prosecution of a lawyer for crime/fraud

Question 36

Reasonable fee

Answer 36

ABA general rule—reasonable fees: All fees must be reasonable considering the following factors [TENT FLAW]:
- Time limitations imposed by the client or circumstances
- Experience, reputation, and ability of the lawyer;
- Nature and length of the relationship with the client;
- Time and labor, novelty and difficulty, and skill required;
- Fee customarily charged in the locality;
- Likelihood that the acceptance will preclude other employment;
- Amount involved and results obtained; and
- Whether the fee is fixed or contingent.

California general rule—not unconscionable: Fees may not be illegal or unconscionable based on the same factors as reasonableness above for the ABA as well as these additional Cal. factors [Fees Do Suck Alot Cali]:
- Whether the lawyer engaged in Fraud or overreaching in setting the fee,
- Whether the lawyer failed to Disclose material facts,
- Sophistication of both the lawyer and the client,
- Amount of the fee in proportion to the value of the services performed,
- Whether C gave informed Consent to the fee.

Question 37

Regular Fee agreements rules (excluding reasonableness).

Answer 37

ABA has no writing requirement for regular fee agreements. Scope of the representation, the basis or rate of the fee, expenses for which the client will be responsible shall be communicated to the client within a reasonable time of starting rep (unless its an existing client being charged same rate)

Cal: Fee K should state:
- How the fee is calculated,
- The general nature of the legal services, and
- The responsibilities of the lawyer and the client.

Writing requirement (Cali only): California requires all fee agreements over $1,000 to be in writing (and signed by both parties, copy to C) unless:
- The client is a corporation,
- The agreement was made during an emergency,
- The client waives the writing requirement in writing, or
- Previous client with similar services in which the fee can be implied
-A writing is otherwise impracticable.

Fee dispute arbitration: California requires a lawyer to submit to arbitration for fee disputes (ABA only encourages it)

Failure to comply in cal= K voidable by C and L entitled to reasonable fee

Question 38

Contingent fee agreement rules

Answer 38

NO Contingency fee in domestic (divorce or support amount) or criminal cases.

• in writing
• signed by C (CA: C & L)
• fee methodology
• litigation expenses
• when costs deducted
• CA additional: whether C has to pay for related matters not in K; fee negotiable (unless medmal)

Note for Cal: failure to comply renders contingent fee K voidable (L may still collect reasonable fee)

Question 39

Fee splitting

Answer 39

Fee sharing with non-lawyers is not permitted. Except: L dies/incapacitated - fees from firm and sale of practice to estate; law firm personnel thru comp/retirement plan; sharing with nonprofit that employed or recommended L

ABA: Division of fees
between lawyers not in same firm may be made only if: (i) division proportional to work or each assumes joint responsibility; (ii) C consents in writing; (iii) total fee reasonable

Cal: (i) Ls enter into written K; (ii) C consents in writing after full written disclosure about division, ID of Ls, terms; (iii) fee not unconscionable

BOTH: fee not increased just bc division

Question 40

“Finder’s fees”

Answer 40

ABA rule does not allow finder’s fees or gifts for recommending L’s services unless legal services plan or qualified referral service (approved by authority)

Cal: allows L to make a gift for a past recommendation resulting in employment (provided that the gift or
gratuity was not offered in anticipation of the referral or future referrals)

Question 41

Referral fees between lawyers:

Answer 41

A reciprocal referral agreement between lawyers is permissible if it is not exclusive, the client is informed of the agreement, and agreement does not interfer with L’s professional judgment.

Question 42

Mandatory withdrawal:

Answer 42

ABA
- L discharged
- Violation of ethical rule or law
- L’s physical / mental condition materially impairs ability to rep

Cal.
- L discharged
- ethical violation (not other laws)
- L’s phsical / mental condition renders it “unreasonably difficult” to carry out rep
- Claims without probable cause made to harass / maliciously injure

Question 43

Permissive withdrawal

Answer 43

Both
- Crime/Fraud: C seeks to do C/F; C has already used L’s svcs to do C/F; C insists L do C/F
- C makes “unreasonably difficult”
- C fails to fulfill obligation (pa) and was warned
- Other good cause

ABA-only permissive withdrawal: In addition to the rule above, ABA also permits withdrawal when:
- Any reason if without material adverse effect on interests of C, or
- C insists upon taking action L considers repugnant or fundamental disagreement, or
- Unreasonable financial burden on the lawyer.

Cal-only:
- A continuation is likely to result in violation of the California Rules of Professional Responsibility, or
- Lawyer’s mental and physical condition make it difficult to continue, or
- The client insists on presenting claims or defenses that cannot be supported by good faith argument for extend/mod/reversal, or
- The client knowingly and freely assents to the termination, or
- The lawyer is unable to work with co-counsel and it’s in best interest of C to withdraw.

Question 44

Duty to client upon withdrawal:

Answer 44

Provide the client with reasonable notice to allow time to seek other counsel,

Surrender papers and property (the lawyer may retain a copy),
[ABA-only: can retain papers as security for a fee (to extent permitted by law]

AND
Refund any advanced fees not yet earned.

Question 45

Advertising requirements

Answer 45

• not false or misleading
• name and contact info at least one lawyer (Cal: office address)

Names of clients permissible only with consent

Question 46

Cal presumptive violations for advertising rules:

Answer 46

• Express guarantees or warranties (outcome, promise quick settlement or immediate cash),
• Testimonials or endorsements without a disclaimer that it is not a guarantee, warranty, or prediction of results.
• “No fee without recovery” / contingency communications, unless it also states whether the client will be liable for costs
• implying L can provide legal services in a language other than English unless the member can actually do so (or the comm. also states in the language of the comm. the employment title of the person who speaks such language).
• Additional from SBA: impersonations / electronic images of any person other than the lawyer purporting to be a lawyer; impersonations / EI of any person purporting to be a client - or dramatizations of events - unless fully disclosed as such; use of spokesperson absent disclosure of spokesperson’s function

Question 47

can lawyer say they’re a certified specialist?

Answer 47

L shall not imply/state that he is certified as a specialist in a particular field (can state areas of specialization), unless:

The lawyer has been certified as a specialist by the ABA or a state-approved organization,
[Cal. rule requires it to be an org certified by the Board of Legal Specialization or accredited by Cal State Bar.]

AND

Name of certifying org is in communication

Question 48

Solicitation:

Answer 48

a targeted communication initiated by a L that is directed to a specific person and offers to provide legal services.

Cal.: Solicitation of prospective clients in person, by live telephone, or by real-time electronic contact is prohibited when a significant motive for the lawyer’s action is the lawyer’s pecuniary gain, unless the person contacted (i) is a lawyer; (ii) family member or close friend; (iii) prior professional relationship (eg client or former C).
[For ABA: same except easily disregarded real-time electronic is OK (text, chat room)]

Question 49

Liability for other lawyers’ misconduct

Answer 49

A lawyer shall be responsible for another lawyer’s violation of the Rules of Professional Conduct if the lawyer (i) orders the conduct, (ii) knowingly ratifies the conduct, or (iii) is a partner / has managerial authority / someone with direct supervisory authority over another L or law-related employee, and knows of and could have mitigated consequences.

Partner in law firm - must make reasonable efforts to ensure the firm has measures in place that give reasonable assurance that all Ls and non-Ls in the firm conform to ethics rules. Reasonable measures will depend on the size and kind of firm.

Question 50

ethical Duty of subordinate lawyer.

Answer 50

A subordinate lawyer must conform to the ethics rules even if acting under the direction of a supervising lawyer. The subordinate lawyer does not violate the ethics rules, however, if he acts in accordance with the supervising lawyer’s reasonable resolution of an arguable question of professional duty.

Question 51

Duty of candor to the court

Answer 51

lawyer shall not knowingly
- Make a false statement of fact or law to a tribunal or fail to correct false statement of material fact or law previously made
- Fail to disclose adverse legal authority (cal: A lawyer must not knowingly misquote a book or other legal authority), or
- Offer evidence that the lawyer knows to be false (perjury).
- if L knows C intends to engage in crime/fraud - if necessary disclose to tribunal?

Question 52

Perjury

Answer 52

A lawyer is prohibited from knowingly (i.e., with actual knowledge) offering false evidence and may refuse to submit evidence that she reasonably believes is false.

If L learns about false evidence after it has been presented, L must take reasonable remedial measures:
- Must urge client to correct false statement/evidence
- L should not re-state or ratify false evidence
- if withdrawal not permitted, under ABA must disclose false evidence to court

CRIM:
- An attorney can only refuse to offer a criminal defendant’s testimony if he knows it is false.
- If he knows the testimony is/will be false, L must urge the client to correct false statement/evidence (ABA: If the client refuses, the attorney must withdraw from representation) (CA: withdrawal optional)
- If withdrawal denied (ABA: must disclose false evidence to ct) (Cal.: allow D narrative testify)

Question 53

Duty of Fairness to Opposing counsel:

Answer 53

As to the opposing counsel and their party, a lawyer shall not:
- Unlawfully obstruct evidence, or destroy or conceal documents or other material;
- Falsify evidence;
- Promptly notify the sender of any materials inadvertently sent to lawyer (Cal. also states the lawyer should refrain from examining the writing to the extent possible);
- Knowingly disobey the court rules;
- Allude to any matter the lawyer does not reasonably believe is relevant or will not be supported by admissible evidence during trial (Cal. says to not assert personal knowledge of facts);

ABA
- Make a frivolous discovery request or fail to reasonably comply with discovery requests;
- Request others to refrain from giving relevant information unless a relative or agent of client;

Cal
- Pay witness to testify unless comp. for loss of time for testifying, reasonable expenses incurred (or expert fees);
- Advise a person to hide / leave the jurisdiction to avoid being available to testify.
- Duty not to suppress evidence the lawyer or client has a legal obligation to reveal or produce.

Question 54

Duty of decorum to tribunal

Answer 54

A lawyer shall not:
- Seek to influence jurors, judges, or other officials,
- Communicate ex parte with such persons during proceedings,
- Engage in conduct intended to disrupt proceedings, or
- Communicate with jurors after they are discharged if they don’t want to communicate.

Question 55

Trial publicity:

Answer 55

shall not make an extrajudicial statement that L knows or reasonably should know (i) will be publicly disseminated and (ii) has a substantial likelihood of materially prejudicing the proceeding.

Not ok:
- Character, credibility, reputation, or criminal record of a party;
- Possibility of a guilty plea or contents of a confession;
- Opinion as to guilt or innocence of criminal defendant; or
- Information the lawyer reasonably knows is likely to be inadmissible.

Question 56

Special Prosecutor duties.

Answer 56

• Refrain from prosecuting charges that are not supported by probable cause;
• Make reasonable efforts to ensure the accused is advised of the right to counsel;
• Make timely disclosure to the defense of all exculpatory evidence;
• Refrain from making extrajudicial statements w/ substantial likelihood of heightening public condemnation of the accused;
• Seek to remedy wrongful convictions.

Question 57

Duty to report ethical violations

Answer 57

ABA: L has actual knowledge of ethical rule violation that raises substantial Q as to L’s honesty, trustworthiness, or fitness as an L - L SHALL report

Cal.: L may, but is not required to, report other violations of the CA RPC or SBA to State Bar. BUT must self reprot.

Question 58

Self reporting ethical violations

Answer 58

requires lawyers to report themselves (within 30 days) when:
- Sued for malpractice 3 times in 12 months.
- Found civilly liable for fraud, breach of fiduciary duty, gross negligence in profession;
- Sanctioned more than $1,000.
- Charged with a felony.
Convicted of [inchoate] or actual (1) felony, or (2) misdemeanor in practice of law / affecting a C victim / element of crime improper like dishonesty or other moral turpitude.
- Disciplined in Cali or another jurisdiction.
- Reversal of judgment based in whole or part upon willful misrepresentation, grossly incompetent rep, or misconduct by L

Question 59

Duty to public / profession

Answer 59

• no frivolous claims
• duty to expedite litigation (CA: don’t do things just to delay)
• no criminal conduct (doing or counseling)
• no harassing (ABA: claim to embarrass, delay, or burden | Cali: claim w/o probable cause or to harass/maliciously injure)
• The California rules prohibit a lawyer from threatening to present criminal, administrative, or disciplinary charges to obtain an unfair advantage in a civil dispute

Question 60

Three things to remember on duty of confidentiality

Answer 60

General duty not to disclose (ABA + cal)

prospective clients

Preserving confidentiality

Question 61

preserving confidentiality

Answer 61

L must take reasonable precautions to safeguard confidential info from inadvertent/unauthorized disclosure to unintended recipients

Question 62

duty to Prospective clients

Answer 62

A person who discusses the possibility of forming a lawyer-client relationship with respect to a matter is a prospective C. L is generally not permitted to use/reveal info learned in consultation with a prospective C.

Cal: communications are NOT protected if made:
- By a person who consults a lawyer without a GF intention to retain the lawyer;
- After the lawyer states that she is unwilling or unable to represent the person; or
- Unilaterally without a reasonable expectation that the lawyer will be retained.

Question 63

Communications in Course of Representation - repped organization

Answer 63

ABA: a L is prohibited from communicating with constituent of an org:
One who supervises or regularly directs / consults with organization’s lawyer, or
One who has the authority to obligate the organization regarding the matter at issue, or
One whose conduct in the matter may be imputed to the organization.

Cal Rule: a L is prohibited from communicating with
a current officer, director, partner, or managing agent of the org; or
a current employee, member, agent or other constituent of the org if the subject of the communication is any act or omission of such person in connection with the matter which may be binding upon or imputed to the org for purposes of civil or criminal liability.