professional responsibility

Question 1

Duties owed to clients

Answer 1

confidentiality, loyalty, financial responsibilities, and competence

Question 2

duties to entities other than your clients

Answer 2

candor, fairness, dignity

Question 3

what is the general rule of the duty of confidentiality

Answer 3

don’t reveal anything related to the representation of a client, regardless of whether client requested it to be confidential. applies regardless of source to anything not generally known

Question 4

what is the duty of confidentiality regarding electronic security?

Answer 4

use reasonable electronic security to prevent inadvertent access to or disclosure of client confidences

Question 5

when does the duty of confidentiality attach?

Answer 5

can attach before a lawyer-client relationship is formed, and even if none is formed.

Question 6

when does the duty of confidentiality end?

Answer 6

through the client’s lifetime

Question 7

when does AC privilege end?

Answer 7

ABA- through client’s lifetime; CA- with probate

Question 8

What are the exceptions to the duty of confidentiality?

Answer 8

consent, defending yourself (malpractice, disciplinary actions, refuses to pay), preventing death or substantial bodily harm (ABA), preventing criminal acts (CA), fraud or crimes causing financial injury (not in CA), if compelled by final court order

Question 9

what must you first due before disclosing confidential info to prevent death/substantial bodily harm/ crim acts

Answer 9

first, make a good faith effort to persuade client not to commit the act. IN CA, inform the client of your decision

Question 10

when do you have a conflict of interest

Answer 10

if your representation is directly adverse to another client, or if there is a significant risk that your representation will be materially limited by your relationship to another current or former client, your personal interest, or a third person

Question 11

exceptions to imputed disqualification rules

Answer 11

uniquely personal conflicts not imputed

Question 12

when can an ethical wall make imputed conflicts okay

Answer 12

conflict is based on situations involving the disqualified lawyer’s prior representation or employment

former client must be given notice

in CA, disqualified lawyer must not have substantially participated in the same or substantially related matter while at her prior firm

Question 13

most conflicts may be tolerated if a case by case, factual analysis establishes that:

Answer 13

1) you reasonably believe you can represent everyone effectively despite the conflict 2) you inform each affected client. Note: if your duty of confidentiality prevents you from fully disclosing info the client needs to understand the conflict, consent not possible 3) client consents CONFIRMED IN WRITING

Question 14

what does ca require for client consent to conflict of interest?

Answer 14

client writing for all consent (aka client signs), AND disclosures for any sketchy relationship

Question 15

if you were a government lawyer who worked personally and substantially on a matter, can you work on that same matter in private practice?

Answer 15

need government’s consent

Question 16

what client rights are you unable to limit

Answer 16

right to report for professional misconduct, or right to cooperate in a criminal investigation

Question 17

under what circumstances can you limit your malpractice liability

Answer 17

ABA: client must be independently represented; CA: NO malpractice limits

Question 18

when may you enter a business transaction w/ a client

Answer 18

terms are fair, disclosed in understandable writing, client advised to consult an outside lawyer, client provides consent in a signed writing

Question 19

rules around publication rights contracts

Answer 19

ABA: you can’t buy rights to story before representation has ended; CA: discouraged, but allowed if judge is satisfied client clearly understands consent

Question 20

what if the opposing party’s lawyer is a member of your immediate fam?

Answer 20

all client consent

Question 21

can a third party pay for your services for a client?

Answer 21

only with informed client consent, confidences cannot be shared

Question 22

what must be included in a non-contingent fee agreement, and how must it be made?

Answer 22

must include how fee is calculated, what services are covered, and lawyer and client’s duties. CA also requires: agreement be in writing unless less than $1000, corporate client, routine services

Question 23

what must be included in a contingent fee case agreement?

Answer 23

in writing, signed by client. must include: your percent, what expenses will be deducted from recovery, whether percent taken before or after expenses, what expenses your client must pay; In CA, also: how work not covered by fee will be paid, and that lawyers fees are negotiable

Question 24

In CA, if a client disputes your fee:

Answer 24

a lawyer is required to participate in fee arbitration

Question 25

fee splitting must be

Answer 25

in writing, proportional to work done

Question 26

referral fees?

Answer 26

ABA: never CA: okay if not unconscionable or increased, and client consents

Question 27

what is competency

Answer 27

using the legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation

Question 28

when MUST you withdrawal from a case

Answer 28

if fired, if continuing to represent would violate a law or ethical rule

Question 29

when may you withdrawal?

Answer 29

good cause

Question 30

duty to produce evidence

Answer 30

you must not suppress any evidence that you or your client has a legal obligation to reveal or produce, regardless of loyalty

Question 31

if you open an email from opposing counsel and find na outline of your opponent’s strategy, what must you do?

Answer 31

if reasonably should know it was inadvertently sent, notify opposing councel; in CA: STOP READING

Question 32

can you talk to the press

Answer 32

must avoid out of court statements that you reasonably should know have a substantial likelihood of materially prejudicing the case

Question 33

prosecutions special duty

Answer 33

timely disclose evidence favorable to the defense

Question 34

when are reciprocal referrals with other professionals ok/

Answer 34

not exclusive, explain the arrangement to the client

Question 35

According to the ABA, when can you practice out of state?

Answer 35

in good standing w/ state, you associate with a locally admitted lawyer who actively participates OR the services relate to alternative dispute resolution OR the matter is reasonably related to your home state practice and the forum doesn’t require a pro hac vice appearance

Question 36

According to CA, when can out of state lawyers practice in CA?

Answer 36

register with CA bar, ay dues, get continuing legal education, and be subject to CA ethics ruled

Question 37

when must you report (ABA)

Answer 37

any other lawyer’s or judge’s violation of the rules in any legal or nonlegal context if it raises a substantial question as to that person’s honesty, trustworthiness, or firtness as a lawyer

Question 38

when must you report (CA)

Answer 38

don’t have to externally report, but can be disciplined if you know about a colleague’s violation and do nothing to prevent it

Question 39

when are you required to self report in CA

Answer 39

charged w/ a felony, convicted of a serious crime, found civilly liable for fraud or breach of fiduciary duty, disciplines or sanctioned, sued for malpractice three times in a year