Prof Responsibility

Question 1

duty to accept / reject?

Answer 1

No duty to accept unless court order

MR: must reject if (1) representation will violate rule of ethics or law OR (2) lawyer has phys or mental condition that would impair representation

CA: must reject if C seeking to pursue a frivolous claim or claim that’s otherwise not warranted by existing law or a good-faith modification of such law

Question 2

counseling on crim conduct?

Answer 2

can’t counsel / assist on crim conduct but CAN discuss legal consequences of it

MR: MUST withdraw if C persists in pursuing crime / fraud

Question 3

mandatory withdrawal

Answer 3

if L knows / should know the rep:
1. is to pursue a claim / defense w/o good faith basis
2.) will violate rules of prof conduct (MR: or other law)
3. unreasonable difficulty bc of L’s phys / mental condition (MR: cond mat impairs ability)

Question 4

permissive withdrawal

Answer 4

among other reasons
1. C’s conduct makes representation unreasonably difficult
2. C insists L take action contrary to L’s judgment
3. C fails to pay
4. other good cause

MR additional grounds:
5. L can do so w/o material burden
6. representation would cause $ burden on L
7. C previously used L’s help to commit crime or fraud

Question 5

process for withdrawing from C

Answer 5

give reasonable notice to C so they can find new representation

if litigation pending, must get crt approval

Question 6

must-do after terminating C

Answer 6

• return all papers + property reasonably necc for representation
• return unearned fees (can recover value of service rendered)

Question 7

factors to creating fee agreements

Answer 7

MR: reasonable CA: not unconscionable

factors:
- time, labor of L
- L’s experience, reputation, ability
- nature + length of relation w C
- novelty + difficulty of case
- preclude other jobs?
- amount involved, results obtained
- time limits imposed

CA: C+L’s sophistication, fee amount proportional to value of services performed

Question 8

fee agreement requirements & exceptions

Answer 8

MR: reasonable CA: not unconscionable

CA: if value of services over $1K, must have a written contract

exceptions: 1. emergency
2. L has repped C in similar situations before
3. C waives in writing
4. C is corp

Question 9

where does duty of confidentiality arise from

Answer 9

1. rules of professional conduct
2. A/C privilege (protects against crt compelling info)
3. work / prod doctrine (protects against opposing party requesting info)

Question 10

duty of confidentiality & exceptions

Answer 10

prohibits disclosing info regarding representation w/o informed consent

EXCEPTIONS: L reasonably believes it’s neccessary to…

1. prevent death / bodily harm (MR: “reasonably certain to occur” need not prevent crim act) (CA: L reas believes is likely to result from CRIM act)

MR:
2. prevent crime / fraud reasonably certain to result in substantial financial harm

3. secure advice about L’s compliance w rules
4. establish claim / defense in dispute w C
5. comply w other laws / crt order

Question 11

what is informed consent for duty of confidentiality

Answer 11

written or oral

provided if C agrees after full disclosure of material risks

Question 12

when does confident duty attach to prospective clients

Answer 12

when discussing possible representation

CA: duty does not attach if
1. no good faith intent to retain
2. L unwilling to represent, OR
3. no reasonable expectation of retention

Question 13

L/C privilege