Professional Responsibility

Question 1

PR: General Roadmap

Answer 1

I. Attorney-Client Relationship
II. Duties to the Client
III. Duties to the Profession
IV. Duties to the Opposing Party
V. Duties to the Court

(“Remember to Consider Professional Obligations Carefully”)

Question 2

I. Attorney-Client Relationship

Answer 2

A. Acceptance
B. Rejection
C. Inception
D. Scope of Representation
E. Client under Disability
F. Counseling on Crimes
G. Withdrawal

Question 3

II. Duties to the Client

Answer 3

A. Fee Agreements
B. Confidentiality
C. Conflicts of Interest (COI)
D. Competence
E. Diligence
F. Communication

(“FCC CDC”)

Question 4

III. Duties to the Profession

Answer 4

A. Consequences for Violations
B. Unauthorized Practice of Law
C. Association with Nonlawyer
D. Providing Law-Related Services
E. Solicitation
F. Advertising
G. Duty to Supervise Subordinates
H. Duty to Report Misconduct
I. Sale of Law Practice
J. Restrictions on Practice

Question 5

IV. Duty to the Opposing Party

Answer 5

A. Duty of Fairness
B. Duty Not to Contact Represented Party

Question 6

V. Duties to the Court

Answer 6

A. Duty of Candor
B. Duty of Honesty
C. Trial Publicity
D. Duty to Jurors
E. Duty to Judge
F. Duties of a Prosecutor

Question 7

I.G. Withdrawal

Answer 7

1. Mandatory
2. Permissive
3. Procedure
4. Duties (return papers, property, unearned fees)

Question 8

II.A. Fee Agreements

Answer 8

1. Generally (in writing, reasonable/not unconscionable; “written agreement” if >$1K)
2. Contingent fees (written agreement, signed, specific terms)
3. Property as payment
4. Fee splitting
5. Referral fees
6. Client fund accounts

Question 9

II.C. Duty to Avoid Conflict of Interest (COI)

Answer 9

1. Between Lawyer and Client
2. Between Clients
3. Imputed Disqualification
4. Between Lawyer and Third Party
5. When Client is an Organization