Professional Responsibility

Question 1

Duty of Loyalty

Answer 1

Fiduciary duty of loyalty means an attorney must act in the client’s best interest and avoid conflicts.

Question 2

Actual Conflicts

Answer 2

A concurrent conflict of interest exists if:
a) the representation is directly adverse to another client;
OR
b) there is significant risk that the lawyer’s representation will be materially limited due to personal interests or responsibilities to another client.

Question 3

Pushing Through Conflict

Answer 3

A lawyer MAY represent a client whose interests conflict if:
1) he reasonably believes that he will be able to provide competent and diligent representation to the client;
2) the representation is not prohibited by law;
3) he’s not representing parties on opposite sides of the same litigation
AND
4) each client affected gives informed written consent

Question 4

Potential Conflicts

Question 5

Duty of Competence

Answer 5

A lawyer’s duty to possess the legal knowledge, skills, preparation, and thoroughness necessary to effectively represent the client.

Question 6

Duty of Confidentiality

Answer 6

A lawyer has a duty to maintain the confidentiality of all information relating to the representation of a client.

Question 7

Financial Issues

Question 8

Duty of Candor

Answer 8

A lawyer CANNOT engage in conduct involving dishonesty or fraud.
A lawyer CANNOT knowingly:
a) make a false statement of fact or law to a tribunal;
b) fail to correct a false statement of material fact/law previously made;
c) fail to disclose to a tribunal controlling legal authority known to be adverse;
OR
d) offer or use evidence that the lawyer knows to be false.