The Lawyer's Responsibilities to the Client

Question 1

Competence

Answer 1

The lawyer has a duty of competent representation, which includes the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Question 2

Diligence and Communication

Answer 2

The lawyer must act with reasonable diligence and promptness in representing a client, and must keep a client reasonably informed about the status of the matter and comply as soon as practicable with reasonable requests for information

Must notify client and obtain informed consent in writing if a lawyer does not maintain professional liability insurance of a certain amount

Question 3

Attorney-Client Privilege

Answer 3

Limited to communications between the parties and continues indefinitely, even after the attorney-client relationship has ended

Question 4

Duty of Confidentiality

Answer 4

Broader than attorney-client privilege, a lawyer must not reveal information relating to the representation of the client, applies even if the information is acquired before or after the relationship existed

Question 5

Exceptions to Duty of Confidentiality: Mandatory Disclosures

Answer 5

A lawyer must reveal information relating to the representation of the client, to the extent the lawyer reasonably believes is necessary comply with:

1) the rule relating to candor toward the tribunal or
2) when disclosure is necessary to avoid assisting in an illegal or fraudulent act by the client

Question 6

Exceptions to Duty of Confidentiality: Permissive Disclosures

Answer 6

a. May disclose with consent or implied authority in order to carry out the representation
b. May disclose to prevent death or substantial bodily harm
c. May disclose to prevent commission of a crime by the client or third person
d. May disclose to mitigate substantial financial harm that resulted from the client’s commission of an illegal or fraudulent act in furtherance of which the client has used the lawyer’s services
e. May disclose to protect lawyer facing criminal or civil charges based upon conduct in which the client was involved, or to respond in a disciplinary proceeding
f. May disclose to get confidential legal advice about the lawyer’s personal duty to comply with legal ethics rules
g. Information may be revealed to the extent believed necessary to detect and resolve conflicts of interest arising from a change of employment or firm ownership

Question 7

Duty to Preserve Confidentiality

Answer 7

Lawyer must make reasonable efforts to prevent the inadvertent or unauthorized disclosure of information relating to the representation

Question 8

Duty to Protect Client’s Property: Account Requirements

Answer 8

A lawyer must hold the funds of a client in a separate interest-bearing account with a clearly identifiable title