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Final Checklists > Professional Responsibility > Flashcards

Professional Responsibility Flashcards

1
Q

(A) Lawyer makes false statement to court?
(B) Lawyer learns that a statement he previously made is false?
(C) Lawyer knows of legal authority directly adverse to his client’s position that opposing counsel failed to disclose?

A

Violates the “duty of candor” to the court. Lawyer has a duty to be candid to the court.

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2
Q

Lawyer is acting in a way which is disruptive of the trial?

A

Violates the “duty of decorum” to the court. Lawyer must not disrupt the trial.

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3
Q

(A) Lawyer tries to influence a judge, juror, prospective juror, or other official through unlawful means?

(B) Lawyer tries to engage with anyone after court order (or court forbids)?

(C) Lawyer tries to communicate with juror who has told lawyer not to communicate with him?

(D) Lawyer tries to misrepresent to, coerce, cause duress, or harass a judge, juror, prospective juror, or other official?

A

Violates the “duty of impartiality and decorum” owed to the court.

(1) Lawyer must not try to unlawfully and unethically influence judge and jury.
(2) Lawyer must not engage in prohibited communications.

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4
Q

TRIAL CONDUCT

(A) Lawyer tries to obstruct another party’s discovery by altering, destroying, or concealing documents?

(B) Lawyer engages in any frivolous or false conduct, or encourages someone else to engage in frivolous or false conduct?

(C) Lawyer requests that a relative/employee/agent of client not give relevant information + lawyer reasonable believes that person’s interests will not adversely affected?

A

(A) and (B) violates “duty of fairness” to opposing party and counsel.

(C) does not violate duty of fairness, but if person is neither a relative/employee/agent OR if lawyer reasonably believes that person’s interests will be adversely affected by not giving up info, would violate.

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5
Q

TRIAL PUBLICITY

(A) Lawyer makes prejudicial statements outside of court?

A

Violates duty of fairness to opposing party and counsel.

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6
Q

ATTORNEY AS A WITNESS

(A) Can lawyer represent client if he is likely or will be a witness?

A

Violates duty of fairness to opposing party and counsel.

ABA: Cannot represent if attorney LIKELY to be witness.

CAL: Cannot represent if attorney WILL BE witness in jury trial.

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7
Q

FEES
(A) Fees are too high?

(B) Fee agreement not in writing or missing details?

(C) Is it a contingency fee?

A

Duty of Fairness & Integrity

(A) ABA: Reasonable fees
CAL: Not unconscionable fees.

(B) Fees more than $1K must be in writing; and detail computation basis, services provided, and responsibilities.

(C) Contingency fees - must be in writing, signed by client, fee computation, expenses.

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8
Q

CLIENT EXPENSES, GIFTS
(A) Lawyer pays for client’s legal expenses?

(B) Loan to client for other expenses?

(C) Gifts from client?

A

Duty of Fairness & Integrity

(A) ABA: Court costs, legal fees OK if indigent or advance (e.g., contingency)
CAL: Same

(B) ABA: Not allowed.
CAL: Allowed, if in writing and representation established before loan.

(C) Cannot ask for gifts. CANNOT DRAFT DOCUMENT GIVING SELF GIFT (unless client is family).

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9
Q

SEXUAL RELATIONS

(A) Lawyer has sexual relationship with client?

A

ABA: No sex with client unless sexual relationship before representation.

CAL: Sex OK if lawyer reasonably believes he can maintain competent representation AND sex was not demanded in exchange for representation.

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10
Q

CLIENT’S PROPERTY

How must lawyer handle client’s property?

A

(1) Must segregate from lawyer’s property/accounts
(2) Must be labeled such that client’s property can be identified.
(3) Must maintain and keep up-to-date accounting records for client’s property.

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11
Q

PROSPECTIVE MALPRACTICE LIMITATIONS

A

ABA: No prospective malpractice limitation unless client receives independent representation to counsel on the limitation.

CAL: No prospective limitation allowed.

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12
Q

Did lawyer’s advice meet professional standards?

A

Duty to Advise

Must provide independent, professional judgment and candid advice.

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13
Q

Did lawyer’s communications with client meet professional standards?

A

Duty to Communicate (ABA)

(1) Inform and consult with client
(2) Comply with reasonable requests
(3) Explain ethical code (if necessary)
(4) Explain issues to the client (so they can make informed decisions)

Duty to Communicate (CAL)

(1) Inform client
(2) Comply with reasonable requests
(3) Communicate terms of offers made to client (criminal & civil)

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14
Q

Must a lawyer always tell the truth regarding material facts or law?

A

Yes, under the duty of professional integrity.

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15
Q

What are the lawyer’s professional obligations when speaking to unrepresented parties?

A

(1) No misrepresentation
(2) Must correct apparent mistakes
(3) No legal advice if interests are adverse

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16
Q

Can a lawyer be hired in order to harass others or make baseless claims?

A

No, under duty of professional integrity.

17
Q

Can a lawyer give advice on whether conduct violates the law?

A

Yes, as to legal boundaries and consequences of breaking law.

18
Q

Can an out-of-jurisdiction attorney practice law?

A

No, unless:

1) Pro hac vice (only for this case
(2) With authorized attorney
(3) Temporary matter

19
Q

Does a lawyer have an obligation to report professional misconduct?

A

ABA: Obligation to report misconduct of others
CAL: Obligation to report own misconduct.

20
Q

Does a lawyer have an obligation to perform pro bono work?

A

ABA: RECOMMENDED 50 hours per year, but no actual requirement.

21
Q

What are the special responsibilities of prosecutors?

A

(1) Only prosecute charges supported with probable cause;
(2) Must make reasonable efforts to protect the accused’s rights
(3) Must disclose exculpatory and/or mitigating evidence
(4) Must not make prejudicial out-of-court comments.

22
Q

What are the elements of an ethical wall?

A

(1) Physical separation of attorneys
(2) Sanctions for discussing confidential matters
(3) No access to confidential information or files
(4) No profit sharing
(5) Continuing legal education

23
Q

When can California lawyers voluntarily withdraw from representation?

A

(1) Demand for baseless claim/defense
(2) Demand that lawyer violate law/ethical code
(3) Demand that lawyer act against lawyer’s judgment
(4) Illegal course of conduct
(5) Ethical code violation
(6) Unreasonably difficult due to client
(7) Breach of fee/expense agreement
(8) Lawyer’s mental or physical condition
(9) Client’s agreement to terminate
(10) Good faith belief of good cause to withdraw

24
Q

When can a lawyer reveal info related to representation?

A

ABA: Must not reveal info related to representation, unless

(1) Informed consent from clients
(2) Necessary to represent client
(3) Prevent death or serious bodily harm
(4) Prevent financial loss, mitigate harm from crime, prevent fraud
(5) Obtain legal advice for ethical compliance
(6) Resolve dispute between lawyer and client
(7) Ordered by court

CAL: Must maintain inviolate confidence and preserve secrets unless:

(1) Informed consent by client
(2) Prevent crime likely to cause death or serious bodily harm AFTER first trying to convince client to desist.

25
Q

When can a lawyer speak to represented parties?

A

ABA: Only when consent is obtained from that party’s attorney

26
Q

What must a lawyer do when he receives mistakenly sent documents?

A

ABA: Notify opposing counsel and return documents.

27
Q

Generally, what is required by a lawyer’s duty to be fair to opposing party and counsel?

A

(1) No destruction or hiding of evidence
(2) No asking others to destroy, hide or alter evidence,
(3) Must make and comply with fair discovery requests
(4) No personal opinions in court

28
Q

What are the general rules for communications made by attorneys?

A

(1) No lies/misrepresentations/omissions
(2) No intrusion onto people who expressed wish not to be contacted by attorney
(3) Proper labeling

29
Q

Can a lawyer advertise a particular specialty?

A

Yes, if they provide name of an approved organization responsible for licensing the specialization.

30
Q

What are the rules governing printed names or letterhead?

A

(1) No misrepresentations
ABA: Can’t use public official’s name if not active in firm.
CAL: Letterhead must use the same name by which the firm is referred to in the community.

31
Q

What are the rules governing solicitation?

A

Cannot communicate to seek fee-paying work unless:

1) Lawyer’s family
(2) Already lawyer’s client, or
(3

Final Checklists (15 decks)

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