PR

Question 1

Duty of Loyalty

Answer 1

A lawyer has the duty fof loyalty to their clients that requires the lawyer to put the interest of their client about all others and avoid any conflict of interest

Question 2

Duty of Competence

Answer 2

A lawyers owes their client a duty of competence. Under ABA and CA a laywer must have the knowledge, skil, and preparation to represent their client. It is okay to associate with a competent lawyer to become competent

Question 3

Duty of Confidentiality

Answer 3

A lawyer owes his client a duty of confidentiality. A lawyer cannot disclose the clients confidential communications made during the representation or after.

ABA Exceptions

(1) express consent
(2) prevent a crime or fraud
(3) prevent certain death or substantial bodily injury.

CA exceptions
(1) consent (2) prevent death or bodily injury

Question 4

Duty to Communicate

Answer 4

A lawyer has a duty to communicate to her clients all important information about the case and to keep them informed.

Question 5

Duty of Fairness

Answer 5

A lawyer has a duty of fairness to both the court and to other lawyers. A lawyer has the duty to not alter, destroy, or obstruct access to evidence or to counsel, aid or encourage any other person to do so. Threats of reporting ethical violation to prevent a lawyer from filing a lawsuit violates this rule

Question 6

Duty of Diligence

Answer 6

A lawyer should act with reasonable diligence and promptness in representing a client

Question 7

Duty of Candor/Decorum

Answer 7

Under ABA and CA an lawyer cannot bring a claim that is in order to harass or cause delay. A lawyer cannot counsel or help someone commit fraud or crime or a frivolous claim. A lawyer has a general duty to always uphold the dignity of the profession

Question 8

Potential Conflict of Interest

Answer 8

Under ABA a lawyer cannot represent a client where another client has interest directly adverse to the current client, or where there is a significant risk that the lawyers servives will be materially limited due to the attorney’s present or former personal relationships

Question 9

Actual Conflict of Interest

Answer 9

There is an actual conflict if another client or someone has a directly adverse interest than the current client or the lawyers services will be materially limited

Question 10

Former Client Conflict of Interest

Answer 10

There is a conflict of interest if a former clients interest is directly adverse to another. Need written informed consent

Question 11

Imputed Conflict of Interest

Answer 11

Conflict of interest for a lawyer applies to the entire firm unless

(1) personal conflict OR A
(2) former client
(3) lawyer with conflict is screened out
(4) written notice to former client

When a lawyer no longer works for a firm, the firm may represent a person with interests materially adverse to those of a client represented by the former lawyer unless (1) matter is the same (2) remaining lawyer has information that is material to the matter

Question 12

Exceptions to Conflict of Interests

Answer 12

Under ABA A lawyer can still represent a client if the lawyer

(1) reasonably believes that he can competently and diligently represent the client
(2) not illegal to represent
(3) informed written consent.

CA rules state a lawyer can still represent a client if there is a conflict of interest if

(1) informed written consent OR
(2) Written disclosure only if the conflict stems from the lawyers personal relationship

Question 13

Business Transactions

Answer 13

A lawyer cannot enter into a business transaction with a client or get an interest adverse to the client unless:
 Terms are reasonable and fair
 Terms are fully disclosed in writing to client
 Advised to seek independent counsel
 Informed written consent

Question 14

Fees

Answer 14

ABA = reasonable 
CA =  fees must not be unconscionable.

Fees are based off lawyer’s experience, reputation, ability, time put into the case, difficulty of case,

Question 15

Fee Agreeement

Answer 15

Fee agreements must be in writing and state
 How the fee is calculated
 Responsibility of lawyer & client

CA = fee agreements over $1000 must be in writing unless (1) the client is a corporation, (2) agreement made in emergency or (3) client waives the requirement

Question 16

Contingency Fee Agreements

Answer 16

	 In writing 
	Signed by client 
	How fee will be paid and the % 
	Expenses to be deducted & when 
	DOESN’T APPLY IN CRIMINAL CASES

Question 17

Fee Splitting

Answer 17

Fee splitting is not allowed with a non-lawyer . Can fee split with another lawyer as long as it’s (1) proportionate to lawyers work done on case (2) and in writing with client

Question 18

Referral Fees

Answer 18

A lawyer can’t pay or give anything of value to someone for recommending the lawyers service unless it is a referral service that has been approved

ABA = no referral fees except for a referral service
CA= a lawyer can give a gift for a recommendation that resulted in a job if it wasn’t offered as consideration or promise. 

A reciprocal referral agreement between lawyers is allowed as long as it’s not exclusive and the client is informed of the agreement

Question 19

Gifts

Answer 19

ABA = a Lawyer can’t solicit gifts from client of prepare a document what gives the lawyer a gift unless lawyer is related to client

CA = lawyer can accept gifts as long as it’s fair and no undue influence

Question 20

Financial Assistance

Answer 20

A lawyer cannot give financial assistance to a client except:

Contingency cases = court costs & expenses of litigation

Indigent clients = advance court costs & expenses of litigation

CA = a lawyer can lend money if the client promises in writing to repay the loan

Question 21

Compensation from a 3rd party

Answer 21

A lawyer can receive payment from one person to represent another so long as

(1) the client gives informed consent
(2) no interference between lawyer and 3rd party
(3) information remains confidential

Question 22

Attorney Client Privilege

Answer 22

A client has a right to have confidential communication regarding their professional relationship kept confidential (presence of 3rd party waives the privilege)

• Doesn’t apply to physical evidence
• CA allows eavesdroppers from revealing confidential information

Holder = client
Lasts: ABA = after death CA = estate settled

Exceptions
Further crime or fraud
Dispute with lawyer
Prevent death or serious bodily harm

Question 23

Organizational Client

Answer 23

A lawyer hired by an organization represents the organization only

• Lawyer acts in the best interest for organization only
• Lawyer can represent officers, directors, employees but must act in best interest of organization. Organization is the #1 priority
• If lawyer reasonably believes that a violation with happen that will substantially hurt the organization, the lawyer can:
   ABA= may reveal information if disclosure is necessary to prevent the injury
   CA= cannot disclose information outside the organization

Question 24

Government Employees

Answer 24

A lawyer who was formerly a government employee cannot represent a client in a matter where the lawyer participated personally as a government employee unless the government agency gives informed written consent

Question 25

Prosecutor Duties

Answer 25

A prosecutor has a duty to divulge any and all possible exculpatory evidence to the to opposing counsel in sufficient time to allow proper preparation for the trial. Prosecutors cannot proceed with a case in the absence of probable cause. Probable cause are facts that cause a belief that defendant committed a crime.

Cant make extrajudicial statements about the defendant

Question 26

Extrajudicial Statements

Answer 26

No extrajudicial statements that will materially prejudice the proceedings. Lawyer in a case can’t make statements to the public that would substantially materially prejudice the proceeding. Can state (1) the claim, offense or defense (2) public records (3) request information (4) warn of danger (5) status of case and the defendant

Question 27

Scope of Representation

Answer 27

• Lawyer decides legal strategy of case

- Client decides pleas, offers, settlements, and jury trial problems

Question 28

Safekeeping Property

Answer 28

A Lawyer must keep clients property separate from Lawyers

Question 29

Sexual Relationships

Answer 29

Sex with client is okay if happened before representation

CA= okay to have sex with client as long as it doesn’t affect representation, no undue influence and lawyer is still competent

Question 30

Withdrawal

Answer 30

Has to withdraw:
 Violation of rules
 Mental/physical condition
 ABA = fired
 CAL = lawyer knows or should know client doesn’t have probable cause or just wants to harass a person
Can withdraw:
 Fraud/crime
 Clients action repugnant to lawyer/ a fundamental disagreement
 Client fails to fulfill obligation & has been given reasonable warning that the lawyer will withdraw unless the obligation is done
 Good cause
 ABA= quitting wont materially affect the client
 ABA = there is an unreasonable financial burden on lawyer
 CA= (1) clients claim isn’t from good faith, (2) client makes it unreasonably difficult for lawyer to represent him, (3) lawyer is unable to work with co-counsel

Question 31

Advertising

Answer 31

Advertising is allowed as long as
 No false/misleading communication
 All advertisements have name/address of at least one lawyer & is labeled as advertisement
 CA= doesn’t allow (1) guarantees, (2)dramatization without disclaimer that that is what it is (3) “no fee without recovery”
 Lawyer can’t state that he is a certified specialist unless a specialist by the ABA or by the California State Bar

Question 32

Solicitation

Answer 32

A lawyer may not conduct in person, telephone or electronic solicitation of business.

Question 33

Unauthorized Practice of Law

Answer 33

Can’t work on a case with a non-lawyer or form a partnership to practice law with a non-lawyer
 Lawyer is responsible for other lawyers professional responsibility if they knowingly ratify the conduct or is a partner who has direct authority over the lawyer and could have mitigated the consequences

Question 34

Reporting Ethical Violations

Answer 34

Under ABA a lawyer must report another lawyers ethical violation t o the state bar. Under CA, it is not required to report another lawyers ethical violation unless the lawyers knos.

 Must report another lawyers violation if the lawyer knows of the violation
 CA= doesn’t require disclosure of lawyers violation