PR

Question 1

Duty of Confidentiality

Answer 1

a lawyer must not reveal anything related to the representation of a client or use that inform against them without their consent

Question 2

Scope of Confidentiality

Answer 2

more broad than the attorney client privilege and applies regardless of whether the client requested it be kept confidential or whether the revelation might harm or embarrass the client

Question 3

Duty of Confidentiality Timing

Answer 3

attaches before a lawyer-client relationship forms even if none is ever formed. Once attached it continues even after formal representation and ends through client’s lifetime. In CA, ends w/ probate.

Question 4

Duty of Confidentiality Exception

Answer 4

applicable when 1) client sues you for malpractice; 2) client brings disciplinary actions against you; or 3) client refuses to pay, forcing attorney to sue for fees

Question 5

Conflicts Check/ Ethical Duty Exception

Answer 5

a lawyer may disclose w/out clients consent, non-privileged, minimal info when moving to a new law firm

Question 6

Duty to Uphold the Law Confidentiality Exception

Answer 6

allows revelations to: 1) prevent death or substantial bodily harm; or 2) fraud or crimes causing financial injury

Question 7

Standard for death/ substantial bodily harm (duty to uphold law)

Answer 7

May reveal whatever’s necessary to prevent act if you reasonably believe that it will prevent reasonably certain death/ substantial bodily harm (CA restricts this to preventing criminal acts) Must, if reasonable under the circumstances, make a good faith effort to persuade client not to commit act (CA must inform client of decision to reveal confidences)

Question 8

Standard for preventing fraud/ crimes causing financial injury (duty to uphold law)

Answer 8

may reveal client’s confidences to prevent future crimes if he used or is using your services to commit the crime and disclosure would prevent or mitigate substantial financial loss (CA, NO FINANCIAL EXCEPTIONS)

Question 9

Duty of Confidentiality

Answer 9

arises if 1) representation is directly adverse to another client or 2) there’s a substantial risk that representation will be materially limited by relationship w/ former client, current client, personal interest, or a 3rd person

Question 10

Imputed Conflict

Answer 10

a group of lawyers who work closely together or share responsiblities share each others conflicts unless: 1) a collegues previous government service/work conflicts her out of specific work– the firm can still take the client w/ safeguards such as screening the collegue w/ the conflict behind an ethical wall or 2) uniquely personal conflict

Question 11

Continued Representation when conflict arises

Answer 11

allowed if: 1) you reasonably believe that you can represent everyone efficiently despite the conflict; 2) inform each affected client; 3) client consents, confirmed in writing that memorializes the oral consent

Question 12

Opposing a current client in another matter

Answer 12

only allowed w/ informed reasonable consent of all the clients

Question 13

Different clients w/ inconsistent positions in two separate cases (ex: arguing for/ against legislation in two different appeals)

Answer 13

so long as the client’s are not directly adverse to each other lawyer can still represent the two diff clients bc the inconsistent positions don’t automatically create a conflict

Question 14

Representing multiple clients in the same manner

Answer 14

usually raises a significant risk that service for one may become materially limited bc of the other’s interest (ex: learn a secret of one client that could affect the other) Best remedy is to w/draw & advise them to get separate counsel

Question 15

Representing new client in matters related to former clients matter

Answer 15

raises risk of material limitation if confidential info from former client might be relevant to new clients matter (confidentiality/ duty of loyalty issue). To take on representation must get former client’s consent

Question 16

Government lawyer moving to private practice

Answer 16

if worked substantially & personally on a matter then can’t work on the same matter later in private practice w/out the govt’s consent

Question 17

Imputed Disqualification Exception for Colleagues of Former Govt Lawyers

Answer 17

former govt lawyer must be 1) screened off; 2) cannot share any part of the fee in the matter; and 3) former govt employer must be informed

Question 18

Gifts to lawyers

Answer 18

a lawyer must not solicit a substantial gift from a client or draft a legal instrument for a client who is not a close relative if it provides a substantial gift to the lawyer or lawyers relative

Question 19

Lawyer limiting ability

Answer 19

a lawyer cannot limit a clients ability to report a lawyer for professional misconduct or to cooperate in an investigation for lawyers malpractice when entering into a relationship w/ the client unless the client is independently represented in making the agreement. BUT CA bars malpractice limits

Question 20

Settling a Malpractice Claim

Answer 20

if a client makes a malpractice claim against you, can only settle after written advice to client to consult outside attorney

Question 21

Business Transaction w/ a client

Answer 21

First Discuss Over Coffee May enter business w/ a client or obtain interest adverse to theirs if: 1) terms are FAIR to the client 2) DISCLOSED in understandable writing 3) advise client to consult an OUTSIDE attorney 4) client provides CONSENT in a signed writing

Question 22

Taking Shares as Payment

Answer 22

allowed if 1) valued reasonably; 2) transaction is documented; and 3) fair and reasonable under the circumstances known to lawyer when interest is acquired UNLESS its so large that it would distort the firms representation