Professional Responsibility

Question 1

1.1 Competence General

Answer 1

Shall not intentionally, recklessly, with Grosse negligence, or repeatedly fail to perform legal services with competence.

I) learning and skill
II) mental, emotional, and physical ability necessary for the performance of such service

Question 2

Competence exceptions

Answer 2

I) Associates with competent lawyer
II) acquires sufficient competence through learning before performing
III) refers client to competent lawyer

Question 3

Competence emergencies

Answer 3

Lawyer may provide assistance in an area in which the lawyer is not competent provided representation is appropriately limited.

Question 4

1.2 Scope of Representation

Answer 4

Abide by clients decisions concerning objectives of representation and consult with clients as to the means by which they are pursued.

Lawyer may carry out on behalf of client as impliedly authorized to carry out.

Client decides whether to settle or plead guilty. Lawyer may advise but not make decision.

Question 5

Scope of Representation Limitations
1.2.1 Advising or Assisting Violation of Law

Answer 5

Shall not counsel a client to engage, or assist, a client in conduct known to be criminal, fraudulent, or a violation of any law, rule, or ruling of a tribunal.

Lawyer can discuss consequence and help client make a good faith effort to determine the validity, scope, or application of a law, rule, or ruling.

Question 6

1.3 Diligence

Answer 6

A lawyer shall not intentionally, repeatedly, recklessly, or with gross negligence fail to act with reasonable diligence in representing a client.

Question 7

1.4 Communication with Clients

Answer 7

Lawyer shall:

1) explain issues to a client so that informed decisions can be made

2) promptly inform of circumstances where informed consent is required

3) reasonable consult with client about the means used to accomplish the clients objectives

4) keep client reasonably informed of significant developments, including providing copies of documents when necessary

5) advise the client whenever representation is limited in some way

B) may delay communicating information to client if there is a reasonable basis to believe the client may cause harm.

Question 8

1.4.1 Communication of Settlement Offers

Answer 8

A lawyer shall promptly communicate all terms of a proposed settlement or plea agreement in all cases.

Question 9

1.4.2 Disclosure of Professional Liability Insurance

Answer 9

Lawyer must disclose they don’t have liability insurance at time of hiring.

If not disclosed must be within 30 days of learning of the deficiency.

Question 10

1.4.2 Disclosure of Insurance Exceptions

Answer 10

1) previously provided written notification to client that lawyer doesn’t have insurance

2) a lawyer knows or reasonably should know that the lawyers legal representation is the client in the matter will not exceed four hours. If the representation exceeds for hours, disclosure is required

3) a government lawyer or in-house counsel need not comply provided the advice is being given to the government agency or company

4) a lawyer who is providing emergency legal services

Question 11

1.5 Fees for Legal Services

Answer 11

Not agree to, charge, or collect an unconscionable fee.

Facts and circumstances:

Overreached or engaged in fraud

Material facts withheld

Sophistication of the client

Value of the services relative to labor

Skill, experience, and reputation needed to execute the representation

Nature, scope, and length of the representation.

Question 12

Contingent Fees

Answer 12

Not permissible in criminal or family law cases where fees are contingent upon dissolution of a marriage or upon the amount of spousal or child support or value of property obtained

Question 13

Fees Earned on Receipt

Answer 13

Permissible where a client agrees in writing after disclosure that the client will not be entitled to a refund of all or part of the fee charged.

Question 14

Flat Fee

Answer 14

Permissible. Constitutes complete payment for the stated representation regardless of the amount of work ultimately involved.

Question 15

1.5.1 Fee Divisions Among Lawyers

Answer 15

A) same firm may divide fees.

Different firms: 1) fee charged not increased because of fee splitting 2) in writing 3) client gives written consent after disclosure of the terms of the division including the identity of the lawyers or firms involved

B) ABA: proportional to the services performed or each lawyer assumes joint responsibility for the case.

Question 16

1.6 Confidential Information of a Client

California Rule

Answer 16

Not reveal confidential information unless the client gives informed consent, or lawyer believes the disclosure is necessary to prevent a criminal act likely to result in death or substantial bodily harm.

Lawyer must first attempt to persuade the client not to commit the act or to prevent the potential harm. Must not disclose more than necessary and must reasonably inform the client of the disclosure

Question 17

1.6 Confidential Information of a Client

ABA Model Rule

Answer 17

Shall not reveal unless it’s to prevent client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance which the client has used or is using the lawyers services;

Prevent mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from client doing so in furtherance of which client has used lawyers services.

Question 18

1.6 Confidential Information of a Client

Self Defense

Answer 18

ABA: attorney may reveal confidential information to defend him or herself against a civil or criminal action regarding client.

CA Evidence Code says no privilege relevant to an issue of breach, by the lawyer or by the client, if a duty arising out of the lawyer-client relationship

Question 19

1.7 Conflict of Interest: Current Client

Answer 19

A) without informed written consent from each client represent a client that’s directly adverse to another client.

B) can’t represent a client without written consent if there’s a significant risk the representation will be limited by duties to another client or former client.

C) not represent a client without written disclosure of the relationship to the client, where the lawyer or firm has a relationship with a party in the same matter

D) representation is permitted under the rule only if the lawyer complies with paragraphs a b c and

1) reasonably believes that they can provide competent and diligent representation to each affected client

2) representation is not prohibited by law and

3) does not involve the assertion of a claim by one client against another client represented by the lawyer in any proceeding before a tribunal