PR

Question 1

duty of diligence

Answer 1

MR, L must act w/reasonable diligence and promptness in representing C.

CA, L can’t intentionally, repeatedly, reckless or w/gross negligence fail to act w/reasonable diligence in representing C.

Question 2

duty of competence

Answer 2

MR, L must possess skills, knowledge and preparation necessary to competently represent C.

CA, L can’t intentionally, repeatedly, recklessly, or w/gross negligence fail to provide competent legal services

Question 3

attorney client privilege

Answer 3

Confidential info is privileged when its made for purposes of obtaining legal advice or representation. C holds privilege.

CA: Privilege ends when estate is settled, MR, privilege is indefinite

• Exceptions: services used for enabling future crime/fraud, dispute between L and C

Question 4

duty of loyalty (COI)

Answer 4

L cant represent if (1) interests are directly adverse to another C or to L (2) significant risk of material limitation of another’s representation

(CA: L has personal, professional, financial, business relationship w/parties unless L reasonably believes they can competently and diligently represent clients + get clients consent in writing

Question 5

concurrent clients

Answer 5

L cant represent unless reasonably believes he can competently and diligently represent both clients + gets informed written consent

(MR: confirmed in writing)

Question 6

duty of communication

Answer 6

L has duty to keep client informed of decisions/circumstances and reasonably consult C about means to achieve objectives

Question 7

fee agreement

Answer 7

preferably in writing but not required

CA - if foreseeable expenses will exceed $1k, must be in writing. Contingency agreements must be in writing.

CA - fee can’t be unconscionable/illegal,
MR - fee must be reasonable.

Question 8

contingent fees

Answer 8

must be in writing, clearly state method of calculation for fees and expenses

Can’t be used for criminal or domestic cases

Question 9

referral fees

Answer 9

MR, can’t get for mere recommendations,

CA allows for mere recommendations w/o being involved

Question 10

fee splitting

Answer 10

o MR: only between lawyers (1) proportional to services provided, (2) C agrees in writing, (3) total fee is reasonable

o CA: (1) written agreement of fee division, (2) C’s written consent after full disclosure and (3) fee not solely high because of fee-splitting

Question 11

solicitation

Answer 11

L can’t solicit professional employment in person, by phone or real contact when motive is pecuniary gain unless person is (1) another L, or (2) person has close personal/professional relationship with L.

Prohibited when directed to individuals known to be in need of assistance.

Question 12

advertisements

Answer 12

L must not make false/misleading statements. Must include name and address of at least 1 attorney responsible

Question 13

expert fees

Answer 13

allows L to compensate expert witness based on reasonable fees and rates for services

Question 14

gifts to witnesses

Answer 14

permit reasonable compensation. Gift may compromise ability for fair and unbiased testimony.

Question 15

business transactions with clients

Answer 15

L must not enter business transactions w/client or knowingly acquire interest adverse to C unless (1) terms are fully disclosed (2) terms are fair and reasonable to C (3) C understands them (4) C advised in writing to seek independent counsel (5) C consents in writing.

Question 16

duty of candor

Answer 16

L must not make false statements to court during proceedings.

Duty also applies to prosecutors.

Must not fail to correct false statements of material fact

Question 17

ex parte contact

Answer 17

L must not engage in ex parte communication for purpose of influencing outcome of proceeding.

Allowed for emergency cases or logistical matters

Question 18

duty of fairness (evidence)

Answer 18

L can’t obstruct another party’s access to evidence, or unlawfully destroy, conceal or alter document or property that may have potential evidentiary value

Question 19

duty of fairness (discovery requests)

Answer 19

L can’t make frivolous discovery requests. Must comply w/discovery requests

Question 20

3rd party payments

Answer 20

allowed as long as it (1) doesn’t interfere w/L’s judgement, (2) confidentiality is protected, (3) C gives informed written consent

Question 21

property as payment

Answer 21

allowed so long as its not a proprietary interest in cause of action or violation of COI rules

Question 22

unauthorized practice of law

Answer 22

L must not engage in or assist others to engage in unauthorized practice of law

Question 23

association with nonlawyer

Answer 23

L can’t form partnership w/nonlawyer if any part of activities constitute practice of law

Question 24

duty of subordinate attorney

Answer 24

subordinate L is subject to discipline for violation of rules even if acting under supervising attorneys’ directions.

Exception: subordinate attorney acting in accordance w/ supervising attorneys reasonable resolution for an arguable question of professional duty

Question 25

client trust accounts

Answer 25

can’t commingle funds. must keep funds separate

Question 26

retainer

Answer 26

L may collect fees in advance in form of retainer but L must return any unearned portion

Question 27

avoid frivolous claims

Answer 27

L can’t bring or defend proceeding unless there’s factual or legal basis

Question 28

fraudulent statements

Answer 28

L can’t make fraudulent statements to court, opposing party or client

Question 29

sexual relations with clients

Answer 29

Prohibits L from engaging in sexual relations unless relationship existed prior to representation (CA: exception for registered domestic partners or spouses)

Question 30

duty to report

Answer 30

MR: L must report if there’s actual knowledge that concerns L’s honesty and professional fitness CA: L must report if L knows of credible evidence another L is engaged in misconduct

Question 31

sale of law practice

Answer 31

May sell if exercised competence in finding buyer, ceases practice within area, provides proper notice to clients, sells entire/area of practice and client fees don’t increase as result of sale

Question 32

threat to gain advantage (CA)

Answer 32

L must not make threat to bring criminal, administrative or disciplinary charge in effort to gain advantage in civil dispute.

Question 33

runners and cappers

Answer 33

L can’t use agents to monitor accidents likely to produce work and solicit business. CA, criminal violation to use runners and cappers

Question 34

lawyer as witness

Answer 34

not allowed unless (1) testimony relates to uncontested issues, (2) relates to nature/value of services (3) disqualification would result in substantial hardship to C

Question 35

injury to organization

Answer 35

L owes duties to org not individuals. If L knows org is at substantial risk of harm, L may proceed in best interest by (1) reporting to highest authority (2) reporting to outside authority to prevent injury (CA: can only withdraw)

Question 36

procedure for withdrawal

Answer 36

L must provide reasonable notice to C and allow time for C to find alternative representation. If court permission is needed must wait until received. Must return all documents C is entitled to.

Question 37

permissive withdrawal

Answer 37

MR, L may withdraw if it won’t materially harm individual, C insists on repugnant actions, engages in crime/fraud, unreasonably difficult, agrees to termination. CA, Can’t merely withdraw because it won’t materially harm C.

Question 38

mandatory withdrawal

Answer 38

MR, L must withdraw if failure would result in violation. L’s mental/physical condition would impair C’s representation. CA, L knew/should have known representation would violate rule, no probable cause, claim was frivolous and meant to harass/injury another

Question 39

prosecution

Answer 39

o Requires that she doesn’t pursue case not supported by probable cause o Duty to disclose material evidence even if defense doesn’t make request. Must timely disclose all known info that tends to disprove guilt of accused or mitigates offenses

Question 40

press releases

Answer 40

L can’t make statements reasonably expected to be disseminated by public and cause prejudice to proceeding

Question 41

employing a disbarred attorney

Answer 41

L must not employ, associate in practice with, or assist a person the L knows or reasonably should know is a disbarred attorney L may employ, associate in practice with, or assist an ineligible person to perform research, drafting, or clerical activities.

Question 42

supervision of non-lawyer

Answer 42

L with direct supervisory authority over another L or non-lawyer must make reasonable efforts to ensure that the supervised person’s conduct conforms to the ethics rules.

Question 43

duty not to file frivolous claims

Answer 43

- MR prohibit Ls from bringing or defending a proceeding, unless there is a basis in law and fact for doing so that is not frivolous. - CA, a L must not present a claim or defense in litigation that is not warranted under existing law, unless it can be supported by a good-faith argument for an extension, modification, or reversal of such existing law.

Question 44

duty of loyalty

Answer 44

Lawyers owe clients a basic duty of loyalty and independent professional judgment. When a lawyer’s independent professional judgment is potentially compromised by a nonclient interest the lawyer may be in breach of the duty of loyalty.

Question 45

duty of confidentiality

Answer 45

MR, L is prohibited from disclosing information relating to the representation of a C, unless the C gives informed consent CA, L must not reveal any confidential information unless the client gives informed consent or the lawyer reasonably believes the disclosure is necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in the death of, or substantial bodily harm to an individual.

Question 46

attorney client privilege

Answer 46

Confidential communication between a client and his lawyer is privileged. Privilege covers the client’s communication with a lawyer whom the client reasonably believes represents the client and only when the circumstances indicate a desire by the client for confidentiality.

Question 47

duty of candor

Answer 47

lawyer can't knowingly make or offer a false statement of fact or fail to correct a false statement of material fact previously made. If L, L's client, or witness offered by L lawyer provides material evidence and L comes to know of its falsity, L must take reasonable remedial measures.

Question 48

Asserting Personal Knowledge of Facts in Issue

Answer 48

L can't assert personal knowledge of facts in issue, except when testifying as a witness.

Question 49

Duty not to Suppress Evidence

Answer 49

L shall not suppress any evidence that the L or the L's client has a legal obligation to reveal or to produce.

Question 50

formation of attorney client relationship

Answer 50

lawyer-client relationship begins when the C reasonably believes the relationship exists. No formal writing or agreement is required.

Question 51

L's representation of an Organization

Answer 51

L who represents an organization owes the duties of loyalty and confidentiality to the organization, not to its individual constituents, such as officers, directors, or employees.

Question 52

Communication of Fees

Answer 52

All rate or fee arrangements must be communicated to the client before, or within a reasonable time after, the relationship commences.

Question 53

inadvertent disclosure

Answer 53

MR, L who receives a document they know or should know was inadvertently sent must promptly notify the sender. CA, when it is reasonably apparent to L that writing was inadvertently sent or produced, and L knows or reasonably should know that the writing is privileged or subject to the work product doctrine, the L must (i) refrain from examining the writing any more than is necessary to determine that it is privileged or subject to the work product doctrine, and (ii) promptly notify the sender.