Professional Respon Flashcards
A lawyer owes what duties to a client?
- Confidentiality
- Loyalty
- Financial
- Competence
& other reasonable things.
A lawyer owes what duties to third parties?
- Candor/truthfulness
- Fairness
- Dignity/Decorum
& other reasonable things
What is the duty of confidentiality a lawyer owes to a client?
dont reveal/use anything related to the representation of a client without their consent
Can a duty of confidentiality attach even is a client relationship was never formed?
Yes.
Your duty of confidentiality continues until when?
forever, even after death.
what are the tree exceptions to the duty of confidentiality?
- Consent
- Defending yourself
- may reveal to prevent Substantially bodily harm or financial injury (not ca*)
what must you do if you know your client is about to commit a dangerous act?
1) make a good faith effort to persuade him not to commit the act
2) In CA, inform the client of your decision to reveal his confidences.
What duty is conflict of interest under?
The Duty of Loyalty
What is the duty of loyalty?
If an interest of another client, yourself, or a third party materially limits or is adverse to representation, you have a conflict of interest.
What does Imputed Disqualification mean?
means any group of lawyers that work together closely or share responsibilities share each others’ conflicts, e.g., private firms or corporate law departments.
When can a conflict be tolerated?
- You reasonably believe you can represent everyone effectively / CA* doesnt require belief be objectively reasonable
- You inform each affected client.
- The client consents, in writing. CA* the clients consent itself be in writing.
whats the CA exception to opposing a current client in another matter, when its insurance company as an indemnity provider?
there is no conflict when a lawyer represents a policyholder and his insurance company as joint clients, where the insurer’s interest in each matter is only as indemnity provider.
In non-contingent fee cases, agreements must include?
- how the fee is calculated
- what services are covered
- the lawyers and clients duties
In CA* agreements has to be in writing, unless (1) the fee is under 1000, or (2) with a corporate client or (3) for routine services for a regular client or (4) its an emergency or impractical
In contingent fee cases, agreements must include?
- Lawyer’s percentage
- what expenses will be deducted from the recovery and
- whether your percent is taken before or after expenses
CA also requires
- how work not covered by contingent fee will be paid and
- that lawyer’s fees are negotiable.
what happens if lawyer fired before judgment?
can recover reasonable fees
