Prof. Responsibility (Final)

Question 1

Conflict of interest (Current client and 3rd party)

Answer 1

• Conflict on interest if significant risk that
• Representation materially limited by
• L’s responsibility to any 3rd party

Question 2

ABA exceptions to concurrent conflicts

Answer 2

• L’s reasonable belief
• Not prohibited by law
• Claims not against each other
• Informed written consent

Question 3

CA exceptions to concurrent conflicts of interest

Answer 3

• Informed written consent
• Only need written disclosure (not consent) if:
• -Conflict between L ad party/witness
• -Same matter as client
• -Substantial effect of L’s representation

Question 4

Business associations with client

Answer 4

• Terms are fair and reasonable
• Terms fully disclosed in writing to client
• Advised to seek independent counsel
• Informed written consent

Question 5

Financial assistance (ABA)

Answer 5

• Only for advancing
• Court costs/litigation expenses
• In contingency cases
• Or indigent cases

Question 6

Financial Assistance (CA)

Answer 6

• After employment
• OK to loan if written IOU
• Compensation by 3rd party OK if:
• -Informed consent
• -No interference with L and client
• -Information remains confidential

Question 7

Organization

Answer 7

-L acts for best interest of organization
-If L knows associated person engaged in wrongdoing
-Likely to result in substantial injury
-L refers to internal higher authority
- ABA: if need, refer to outside authority
CA: if needed, resign; no outside referral

Question 8

Fee Considerations

Answer 8

{TENT FLAW}
Time limitations
Experience, reputation, ability
Nature and length of representation
Time, labor, novelty, difficulty
Fee customarily charged
Likelihoods to preclude other employment
Amount involved/results obtained
Whether fixed or contingent fee

Question 9

Fee Agreements (CA)

Answer 9

• If > $1,000
• In writing, unless:
• Corporate client
• Client waives writing requirement
• Emergency
• Previous client & similar service

Question 10

Sex with client (CA)

Answer 10

If not preexisting, OK but no:

• Require/demand representation
• Coerce, intimidate, or use undue influence
• Continue if makes incompetent

Question 11

Mandatory withdraw

Answer 11

-Violation of the rules
-Mental/physical condition
-ABA: discharged
CA: knows client’s action to harass

Question 12

Elective Withdraw

Answer 12

• Fraud/crime using L’s services
• Client’s action is regnant to L
• Client fails to fulfill obligation
• Good cause
• ABA: no materially adverse effect on client
• ABA: unreasonable financial burden on L
• CA: client has good faith, unreasonable; can’t work with co-counsel