Professional Responsiblity Flashcards
Duty of Competence
[13 times]
You must provide competent representation with legal knowledge, skill, thoroughness, and preparation.
In CA, incompetence includes reckless, negligent, or repeated failures and requires maintaining mental, emotional, and physical ability.
Duty of Diligence
[9 times]
You must act with reasonable diligence and promptness in representing a client and must not neglect a legal matter entrusted to them.
Duty of Loyalty
[19 times]
You shall not represent a client if representation is directly adverse,and there is a significant risk of material limitation due to other responsibilities or personal interests.
You may represent them if you reasonably believe competent and diligent representation is possible, it is lawful, you are not opposing parties in the same litigation, and clients provide informed written consent.
Duty of Confidentiality
[20 times]
ABA: Your must not reveal client information unless the client gives informed consent, it is impliedly authorized, or required by law.
CA: Disclosure is allowed only to prevent a criminal act likely to cause death or substantial bodily harm, but the lawyer must first try to dissuade the client in good faith.
Duty of Candor to the Tribunal
[23 times]
ABA: You must not knowingly make false statements of fact or law to a tribunal, fail to correct false statements, or offer false evidence. You must take reasonable remedial measures if false evidence is offered.
In CA, you must not present false evidence but may allow a client to testify in narrative form if the lawyer knows the testimony will be false.
Duty of Communication
[10 times]
You must keep the client reasonably informed about the status of the matter, promptly respond to reasonable requests for information, and consult with the client about the means to accomplish their objectives.
Duty of Fairness to Opposing Party and Counsel
[10 times]
You shall not obstruct or, falsify evidence, advise unlawful conduct, or disobey court rules; you must not assert personal opinions on witness credibility, party guilt or innocence, or matters unsupported by evidence at trial.
In CA, additional prohibitions include advising someone to flee to avoid testifying.
Duty of Integrity and Professionalism
[8 times]
You must not engage in conduct involving dishonesty, fraud, deceit, misrepresentation, or conduct prejudicial to the administration of justice.
Duty to Safeguard Client Property
[12 times]
You must keep client funds in a separate trust account, promptly notify clients of the receipt of funds or property and maintain complete records of client funds. In CA the account must be labeled “trust account”.
Duty to Supervise Subordinate Lawyers and Non-Lawyers
[4 times]
If you havesupervisory authority, you must ensure that subordinate lawyers and non-lawyers comply with ethical rules. You are responsible for subordinate misconduct if they order or ratify it, or if they fail to take remedial action when they know of the misconduct.
Business Transactions with Clients
[6 times]
You must not enter into a business transaction with a client or acquire an interest adverse to the client unless the terms are fair, fully disclosed in writing, the client is advised in writing to seek independent counsel, and the client gives informed written consent.
Imputation of Conflicts
[5 times]
Conflicts of interest by one lawyer in a firm are imputed to all lawyers in the firm unless the lawyer is properly screened, does not share fees, and notice is given to the client.
Organizational Conflicts
[5 times]
You represent an organization through its authorized constituents and must act in the organization’s best interest, report internal violations to higher authorities, disclose to prevent substantial harm if unaddressed, clarify representation when interests conflict, and may represent individuals if no conflict exists.
Reasonableness of Fees
[9 times]
You must not charge an unreasonable fee. In CA, fees must not be unconscionable, considering factors such as the complexity of the matter, the lawyer’s skill, and the results obtained.
Contingency Fees
[10 times]
Fees must be reasonable, communicated before or shortly after representation begins, and contingent fees must be in a signed writing detailing calculations and expenses, excluding domestic-relations and criminal trial matters. Fee splitting is allowed if proportional, agreed to in writing, and reasonable.
Advertising and Referral Fees
[5 times]
You may advertise through any media but cannot compensate for referrals except for reasonable ad costs, legal service plan fees, or nominal non-compensatory gifts.
In California, reciprocal referral arrangements are allowed with nonlawyer professionals if non-exclusive. communications must include a responsible lawyer’s name and address.
Fee Sharing with Non-Lawyers
[4 times]
You must not share legal fees with non-lawyers, except under specific circumstances, such as paying salaries to firm staff or including non-lawyers in retirement plans.
Solicitation
[4 times]
You must not solicit professional employment through in-person, live telephone, or real-time electronic contact unless the recipient is a lawyer, has a prior professional relationship with the lawyer, or the contact is not for pecuniary gain.
Advertising
[3 times]
You may advertise legal services through written, recorded, or electronic communication if the communication is truthful, not misleading, and clearly identifies the lawyer responsible for the content. Specialization claims require certification by an approved authority, and all communications must include the lawyer’s name and contact information.
Prohibition on Improper Solicitation
[5 times]
Solicitation is prohibited if the contact involves coercion, duress, or harassment. In CA, written solicitations must not be misleading.
Prohibition Misconduct
[6 times]
You must not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation to the court or other parties.
Prohibition Against Inducements to Witnesses
[9 times]
You must not offer or pay a witness any inducement prohibited by law. Reasonable compensation for time, travel, and expenses is permitted, but payment must not be contingent on the content of testimony or the outcome of the case.
Mandatory Withdrawal
[4 times]
You lawyer must withdraw from representation if continued representation would result in a violation of the rules of professional conduct or other law, the lawyer’s physical or mental condition materially impairs their ability to represent the client, or the lawyer is discharged by the client.
Voluntary Withdrawal
[5 times]
You may withdraw from representation if it can be accomplished without material adverse effect on the client’s interests or if good cause exists, such as the client engaging in fraudulent conduct or making the representation unreasonably difficult.
Duty to Avoid Prejudice Upon Withdrawal
[6 times]
You must take reasonable steps to protect the client’s interests upon withdrawal, including providing reasonable notice, allowing time for the client to find other counsel, returning client property, and refunding any unearned fees.
Attorney-Client Privilege
[7 times]
The attorney-client privilege excludes certain lawyer-client communications from evidence if they are (1) communications, (2) between privileged persons, (3) made in confidence, and (4) for legal assistance. Key exceptions include the crime-fraud exception and attorney-client disputes.
Work Product Doctrine
[5 times]
Materials prepared in anticipation of litigation are protected from discovery.
In CA, absolute privilege applies to an attorney’s mental impressions, conclusions, and legal strategies, while factual work product is subject to qualified protection and may be discoverable upon showing substantial need and undue hardship.
Prosecutor’s Duty to Seek Justice
[7 times]
A prosecutor must:
- Not prosecute without probable cause.
- Ensure the defendant is advised of their right to counsel and given time to secure one.
- Avoid seeking waivers of important pretrial rights from unrepresented defendants.
- Disclose evidence that negates guilt or mitigates the offense.
- Subpoena a lawyer about a client only if (a) not privileged, (b) essential, and (c) no alternative exists.
- Avoid public statements or actions likely to create public condemnation of the defendant.
- Address new, credible evidence of innocence by (a) reporting it, (b) notifying the defendant if within their jurisdiction, and (c) investigating wrongful convictions.
Duty to Avoid Improper Influence
[2 times]
You must not attempt to improperly influence a judge, juror, or other tribunal official, nor engage in ex parte communications intended to influence the outcome of a case.
Duty to Report Professional Misconduct
[6 times]
You must report another lawyer’s professional misconduct that raises a substantial question about their honesty, trustworthiness, or fitness to practice law. In CA, there is no mandatory reporting requirement, but lawyers are encouraged to report serious ethical violations voluntarily.
Prohibition Against Assisting in Unauthorized Practice of Law
[5 times]
You must not assist another person in the unauthorized practice of law, which includes providing legal advice or drafting legal documents for clients unless authorized.
Prohibition on Limiting Liability for Malpractice
[3 times]
You must not make an agreement prospectively limiting their liability for malpractice unless the client is independently represented. In CA, any agreement limiting malpractice liability is prohibited outright.
Prohibition on Improper Pressure or Coercion
[4 times]
You must not use threats, coercion, or improper pressure to gain an advantage in litigation or influence a party’s decision. In CA, this includes threats of criminal or disciplinary action.
Use of Client Information
[5 times]
You must not use information relating to the representation of a client to the client’s disadvantage unless the client gives informed consent.
