Professional Responsibility & Malpractice Flashcards
A lawyer shall: (1) inform the client of any decision or circumstance that requires _____; (2) reasonably consult client about means to ____; (3) keep client _____ about significant developments related to representation; and (4) advise client about any relevant limitation _____.
disclosure or client’s informed consent
accomplish objectives
reasonably informed
on lawyer’s conduct
Rule of Professional Conduct Rule 1.4
A lawyer shall promptly communicate to the client all amounts, terms, and conditions of _____.
any written offer
Rule of Professional Conduct 1.4.1
Party has right to set aside an _____ that affects substantive rights.
unauthorized stipulation
In that case, the attorney made stipulations without H’s approval.
Marriage of Helsel (1988) 198 Cal.App.3d 332
Lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to _____.
perform legal services with competence
Rule of Professional Conduct 1.1(a)
If a lawyer does not have sufficient learning and skill when the legal services are undertaken, the lawyer nonetheless may provide competent representation by (i) associating with or, where appropriate, professionally consulting _____, (ii) acquiring sufficient ____ before performance is required, or (iii) _____ to another lawyer whom the lawyer reasonably believes to be competent.
another lawyer whom the lawyer reasonably believes to be competent
learning and skill
referring the matter
Rule of Professional Conduct 1.1(c)
Attorneys are not liable for every mistake made in practice but are expected to possess _____ of law which are commonly known by well informed attorneys, and to discover those additional rules of law, although not commonly known, may readily be found by standard research techniques.
knowledge for those plain and elementary principles
Attorney here failed to claim CP in an asset acquired during marriage (military pension) without law to back it up and even when OP admitted some was CP.
Smith v. Lewis (1975) 13 Cal.3d 350
A lawyer shall not _____ from disclosure by Business and Professions Code section 6068, subdivision (e)(1) unless the client gives ____, or the disclosure is permitted by paragraph (b) of this rule.
reveal information protected
informed consent
Rule of Professional Conduct 1.6
A lawyer shall not, without informed written consent from each client, represent a client if _____ in the same or a separate matter.
directly adverse to another client
Rule of Professional Conduct 1.7(a)
A lawyer shall not, without informed written consent from each affected client, represent a client if there is a _____ with another client, a former client or a third person, or by the lawyer’s own interests.
significant risk the lawyer’s representation will be materially limited by the lawyer’s responsibilities to or relationships
Rule of Professional Conduct 1.7(b)
Even if significant risk not present, a lawyer shall not represent client without written disclosure of the relationship to the client where: (1) lawyer has, or knows, that another _____ with a party in the same matter or (2) lawyer knows, or reasonably should know, that another party’s spouse, parent child, roommate, intimate personal relationship partner, or sibling is a _____ or another lawyer in the firm.
lawyer in firm has a relationship
client of the lawyer
Rule 1.7(c)
A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the ______ in which that person’s interests are materially adverse to the interests of the former client unless the former client gives _____.
same or a substantially related matter
informed written consent
Rule of Professional Conduct 1.9(a)
A lawyer shall not knowingly represent a person in the same or substantially related matter in which a _____ had previously represented a client: (1) whose interests are _____ and (2) about whom the lawyer had acquired confidential information UNLESS former client gives informed written consent.
former firm
materially adverse
Rule 1.9(b)
Not only should an attorney furnish advice when requested, but he or she should also volunteer opinions when _____. The attorney need not advise and caution of every possible alternative, but only of those that may result in ______ if not considered.
necessary to further the client’s objectives
adverse consequences
Nichols v. Keller (1993) 15 Cal.App.4th 1672
Statute of limitations against an attorney for malpractice is ____ after the plaintiff discovers, or reasonably should have discovered, the facts constituting the wrongful act, or _____ from the date of the wrongful act or omission, whichever occurs first.
one year
four years
CCP 340(a)
Statute of limitations for malpractice is tolled until the ______.
plaintiff sustains ACTUAL injury
CCP 340.6(a)(1)
