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)
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
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)
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