Professional Responsibility Flashcards

1
Q

Conflict of Interest: Duty of Loyalty

Professional Responsibility

A
  • Duty of loyalty
  • Best interests of the client/avoid conflicts
  • No self-dealing or act in his own interest (v. client’s)
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2
Q

Duty of Competence

Professional Responsibility

A
  • 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
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3
Q

Duty of Confidentiality

Professional Responsibility

A
  • 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)
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4
Q

Conflict of Interest: Current Clients

Professional Responsibility

A
  • 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
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