Professional Responsibility Flashcards
When does a concurrent conflict of interest exist?
- the representation of one client will be directly adverse to another client
- there is a significant risk that the representation of a client will be materially limited by the lawyer’s responsibilities to another client, a former client, or a third person, or by the personal interests of the lawyers.
What is the building block statement when writing a professional responsibility essay answer?
The lawyers has a duty of blank (duty) to blank (person or thing)
What are the bulk of duties owed to your client.
Clients Love Fierce Lawyers
Confidentiality
Loyalty
Financial Responsibility
Competence
& other responsible things.
What are the bulk of duties owed to entities other than your clients.
Courts Feel Differently
Candor/Truthfulness to the court
Fairness to adversaries (parties and their counsel)
Dignity/Decorum to the legal profession, third parties, public.
What is the general rule for the duty of confidentiality to your client?
Don’t reveal any information protected by attorney-client privilege, gained through that professional relationship that would harm or embarrass your client, or that your client has requested to be kept confidential.
What does Attorney-client privilege not cover and when is it destroyed
Doesn’t cover crime or fraud.
destroyed if revealed to non-essential persons who are not party to the privileged relationship.
What is the Upjohn rule
For corporate clients, AC covers communications:
- between you and high ranking coporate officials, and
- from other employees if: they are within the scope of the employee’s duties, provided at the direction of the employee’s superiors , and the employee knows they are made to help the corporation get legal advice.
What is the timing of Attorney-client privilege
Covers information a prospective client gives for the purpose of forming a legal relationship and continues after the attorney client relationship ends, even after client’s death.
What are the major exceptions to the ethical duty of confidentiality?
Client consent
Defending yourself
Running your office
Preventing harm (must)
Court order or law
What is the general rule for the duty of loyalty to your client regarding conflict of interest?
If an interest of another client, yourself, or a third party creates a significant risk of materially limiting your representation - or your representation of one client is directly adverse to another - you have a concurrent conflict of interest.
When may ignorance of a concurrent conflict of interest be an excuse?
if it arises from short term legal services under a court, agency, or non-profit program.
What is imputed disqulification?
Lawyers associated together share each other’s conflicts. Conflicts are imputed when you know or reasonably should know of a colleagues conflict.
Failing to check for conflicts can be a violation.
When might it be okay to represent a client that would impute a conflict?
- you reasonably believe you can represent everyone competently and diligently despite a concurrent conflict; and
- you consult with each affected client, I you duty of confidentiality prevents you from fully disclosing information the client needs to understand the conflict, then consent may not be possible; and
- the client consents, confirmed in writing
What is the rule for opposing a current client in another matter?
A representation adverse to a current client in a different matter requires all client’s consent.
How is a former government employee properly screed from conflict cases?
- screened off
- no share in fee
- Gov is informed.
