Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CA Bar Exam > Professional Responsibility > Flashcards

Professional Responsibility Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Duty of Confidentiality

A

Same in ABA and CA. Cannot reveal anything related to the representation of a client or use that information against the client without their consent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Exception to Duty of Confidentiality- General

A

Consent, defending yourself, conflicts check.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Exception to Duty of Confidentiality-Death or Bodily Harm

A

ABA: reveal what is necessary to prevent an act that will prevent reasonably certain death or substantial bodily harm.
CA: Only applies to criminal acts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Exception to Duty of Confidentiality-Financial Crimes

A

ABA: future crimes if client has used or is using your services to commit the crime, and disclosure would prevent or mitigate substantial financial harm
CA: NOT PERMITTED

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Duty of Loyalty - General

A

Prevents conflicts of interest - which you will have if representation is directly adverse or if there is significant risk that your rep will be materially limited by your relationship to another client (past or current) or third person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Duty of Loyalty - Consent

A

ABA: requires lawyer’s reasonable belief that he can rep, client’s informed consent, and lawyer to commit consent to writing
CA: lawyer and client must consent in writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Duty of Loyalty - Former govt officials

A

if you worked personally and substantially, government must consent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Duty of Loyalty- Malpractice liability

A

ABA: lawyer can limit malpractice liability if client has independent representation.
CA: cannot limit it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Duty of Loyalty - Business Transactions

A

Only permitted if fair to client, disclosed in understandable writing, client is advised to consult an outside lawyer, and client consents in writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Duty of Loyalty-Client Loans

A

ABA: not permitted, except for indigent clients and advancing litigation expenses
CA: permitted for any purpose with written agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Duty of Loyalty - Can Lawyer serve as Trial Witness?

A

Not generally permitted. But ok if testimony is uncontested or about your legal services.

ABA: permitted if lawyer has distinctive value and withdrawal would cause hardship
CA: permitted with client consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Duty of Loyalty - Sex with Clients

A

ABA: not permitted unless relationship predated representation
CA: exception if married or domestic partners

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Duty of Loyalty: Third Party Payments

A

Only permitted with informed client consent. No exception to confidentiality.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Duty of Loyalty - Organizational Client

A

Lawyer must act in best interest of entity.

Whistleblower rules: required to report securities violations to CEO/CLO. Permitted to break confi if reasonably believe necessary to prevent fraud, perjury or substantial injury to the entity or its investors, or to rectify financial injury

CA: more permissive, but federal securities laws preempt it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Financial Duties - No Contingency Fee

A

Requires agreement, show how fee is calculated, what services are covered, and the lawyer and client duties.
CA requires writing if fee is >1,000 - unless corp client, emergency, or impractical

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Financial Duties - Contingency Fee

A

Must be in writing, signed by client, and show percentage of fee, whether fee is gross or net of expenses.

CA: also must say lawyer fees are negotiable and explain how work outside of the fee will be charged.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Financial Duties - Amount of Fees

A

ABA: must be reasonable, considering all factors

CA: must not be unconscionably high

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Financial Duties - Trust Accounts

A

Must safeguard client property by labeling and storing in a safe place.

Cannot borrow or commingle client funds with personal money. Must use interest bearing account. For small amounts, can commingle client funds and interest is payable to state bar for services to poor.

19
Q

Duty of Competence - ALWAYS THROW IN

A

ABA: must render competent services, using legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation
CA: recognizes mental, emotional, and physical ability

20
Q

Duty of Competence - Breaches

A

Potential for discipline by bar, disqualification in litigated matter, and civil malpractice liability

21
Q

Duty of Diligence

A

Must be diligent and promptly pursue your case to completion

22
Q

Duty to Communicate

A

Must keep client reasonably informed, answer client communications, and inform of settlement offers and significant developments

23
Q

Scope of Representation

A

Client makes substantive decisions. Lawyers make decisions on legal strategy

24
Q

Mandatory Withdrawl

A

Fired, or continuing would violate law or ethical rule

CA: Adds if client acts without probable cause and to harass or maliciously injure another

25
Q

Permissive Withdrawal

A

Convince the court there is good cause, including:

  • unreasonable burden to lawyer, but won’t harm client
  • persisting in criminal or fraudulent course
  • client fails to fulfill obligation to lawyer after reasonable warning
26
Q

Process for Withdrawal

A

Must notify client and promptly return all unspent fees and expense advances plus all of their property and material papers.

27
Q

Duty of Candor - Advertising - General

A

ABA: Don’t mislead or omit material information.
CA: Expressly prohibits this. Also presumes any ad is improper if it contains guarantees, warranties or predictions of a result. Need express disclaimers if testimonials/endoresements

28
Q

Duty of Candor - Advertising - Legal Specialities

A 
Four Es.
Experience
Examination
Education
Evaluations
29
Q

Solicitation

A

Cannot initiate live or phone contact with specific person that you don’t know - ambulance chaser protection

30
Q

Duty of Candor and Fairness - General

A

Cannot engage in conduct involving dishonesty, fraud, or misrepresentation.

31
Q

Duty of Candor and Fairness - Presentation issues

A

Must not make a false statement of material fact, or offer material evidence, you know is false to a tribunal. Must also correct any such errors.

32
Q

Duty of Candor and Fairness - Perjury issues

A

Civil: must refuse to call a witness if he intends to perjure himself.
ABA Criminal: 5th amendment right prevents that. But if you know they intend to perjure themselves, you must try to convince them to tell the truth - if that fails, try to withdraw - if that fails, tell the judge.
CA: Permit client to testify in narrative - but you can’t help them perjure

33
Q

Duty to Produce Evidence

A

Must not suppress evidence or obstruct or tamper with fruits/instrumentalities of a crime

If you touch/move evidence, you will have to testify about it. If you don’t, you can’t be compelled to do so.

34
Q

Duty of Prosecutors

A

Must disclose evidence favorable to defense. Exceeds Brady obligation. Prosecutors have a duty to seek justice - not just win cases

35
Q

Duty to State Law Truthfully

A

Subject to discipline if you knowingly make a false statement of law or present frivolous claims or defenses

36
Q

Duty to Uphold Law - General

A

Must withdraw if continuing would require you to commit or assist in committing a crime.

37
Q

Duty to Uphold Law - Preventing Crime

A

ABA: permits breaking confi if you reasonably believe your continued assistance is likely to contribute to a crime that would cause reasonably certain death, bodily harm, or client’s crime or fraud would create substantial financial loss and your services aided that.
CA: permits above with respect to crimes causing death/bodily harm but only after trying to coach them to do the right thing. Does not permit you to break confi to prevent financial crimes.

38
Q

Duty of Fair Dealing - General

A

Do not harass or discriminate based on protected class characteristics. Do not extort.

39
Q

Duty of Fair Dealing - Material from Opposition

A

ABA: promptly notify opposing counsel if you receive it inadvertently.
CA: if you know info is privileged, must stop reading

40
Q

Duty of Fair Dealing - Represented Entities

A

Cannot communicate with a party that is represented by counsel, unless authorized by law or giving second opinion

Applies to employee of an organization.
CA: requires consent for interviews of an officer, director or managing agent of an entity.

41
Q

Dealing with Press

A

Duty not to interfere with a defendant’s right to a fair trial. Avoid out of court statements you reasonably believe have a substantial likelihood of material prejudice.

42
Q

Duty to Preserve the Decorum and Impartiality of the Tribunal

A

Don’t try for improper influence. No chicanery

43
Q

Duty to Expedite Cases

A

ABA: affirmative duty to expedite
CA: must not delay to harass an adversary or for your personal gain or convenience

CA Bar Exam (15 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions