Professional Responsibility

Question 1

Duty of Confidentiality

Answer 1

Unless an exception applies. a lawyer cannot reveal the confidences of a client (past, present, or prospective).

Exceptions:

1. Client consents
2. Lawyer is required by law/court
3. Necessary to rectify the consequences of an illegal act/fraud in the furtherance of which the lawyer’s services were used
4. To defend the lawyer in a suit
5. It’s necessary to establish or collect a fee

Question 2

The General Rule

Answer 2

Rule 8.4: A lawyer cannot violate or attempt to violate the rules, or engage in conduct that adversely reflects on their honesty, trustworthiness, or fitness as a lawyer.

Question 3

Snitching on others

Answer 3

A lawyer with knowledge that another violated the MRPC, in a manner that raises a substantial question to their honesty, trustworthiness, or fitness as a judge/lawyer, must inform the appropriate authorities.

Exceptions:

1. Confidential Information
2. Information Learned in a Substance Abuse Counselling Program

Question 4

Conflict: Present Conflict

Answer 4

Lawyer cannot represent a client if representation is directly averse to another client, or may be materially limited by the lawyer’s responsibilities to the other client or another person.

Exception:

1. Lawyer reasonably believes it will not adversely affect the other client and
2. Each party consents

Question 5

Conflict: Former Client

Answer 5

Lawyer who formerly represented a client, or has confidential info from a prior firm, cannot represent someone in the same or substantially related matter if their interests are material averse to the former client.

Exceptions

1. Former client consents after consultation
2. The lawyer’s firm can still represent the client if the disqualified lawyer is screened, given no fee, and the tribunal is given written notice