Professional Responsibility

Question 1

Conflict of Interest: Duty of Loyalty

Professional Responsibility

Answer 1

• Duty of loyalty
• Best interests of the client/avoid conflicts
• No self-dealing or act in his own interest (v. client’s)

Question 2

Duty of Competence

Professional Responsibility

Answer 2

• Legal knowledge, skills, preparation, and thoroughness (associating with another competent lawyer/acquiring learning, skills)
• Emergency ok
• Incompetence = discipline, disqualification from Lit and/or civil malpractice suit
• CA = intentionally, recklessly, acts with gross negligence, or repeatedly fails to perform with competence

Question 3

Duty of Confidentiality

Professional Responsibility

Answer 3

• All info relating to the representation (broader than attorney-client privilege)
• ABA: consent, ordered by law, defend malpractice/recover legal fees, prevent death/bodly harm, prevent client to commit crime/fraud (substantial financial loss), or to secure legal advice to comply with ethical rules
• CA: consent, prevent a crime (death/bodily injury), defend malpractice/recover legal fees, compelled by law/court order
• ABA: report up, may report out
• CA: report up, cannot report out unless to prevent death/bodily harm (must withdrawal)

Question 4

Conflict of Interest: Current Clients

Professional Responsibility

Answer 4

• Fiduciary duty of loyalty, no representation if conflict exists
• Concurrent conflict = representation directly adverse or significant risk that representation will be materially limited (personal interests/responsibilities to clients/3)
• May still represent if = believes can provide competent and diligent representation, not prohibited by law, no dual representation and each client gives informed consent (CA=informed written consent; ABA=written consent confirmed in writing)
• Dual representation criminal = usually no
• CA written disclosure = lawyer/partner has relationship with other party