California Rules Of Professional Conduct

Front 1

When a client breaches a fee agreement, may an attorney withdrawal?

Back 1

yes. In California withdrawal is permissive if a client "breaches an obligation to the member as to expenses of fees."

Front 2

Is withdrawal mandatory or permissive if an attorney knows/should know that the representation will result in rules violation?

Back 2

In CA, withdrawal is mandatory

Front 3

Is withdrawal mandatory or permissive if the client "seeks to pursue an illegal course of conduct."

Back 3

In CA, withdrawal is permissive

Front 4

Is withdrawal mandatory or permissive when the lawyer's physical or mental condition makes it "unreasonably difficult to carry out the employment effectively?"

Back 4

In CA it is mandatory

Front 5

Is withdrawal mandatory or permissive if the lawyer's physical or mental condition makes it difficult to carry out the employment effectively?

Back 5

In CA it is permissive

Front 6

Under what circumstances must an attorney withdraw from representation in CA?

Back 6

1. litigation w/o probable cause and purpose to harass or malicious intent
2. representation will result in rule violation
3. physical/mental condition make representation unreasonably difficult

Front 7

What is the rule in CA regarding appointment?

Back 7

A lawyer has a duty to never reject the cause of the defenseless or oppressed for personal reasons

Front 8

A member shall not (1)_____, (2)______, or (3)_______ fail to perform legal services with competence.

Back 8

1. intentionally
2. recklessly
3. repeatedly

Front 9

What three things must be applied in order to perform competent legal service?

Back 9

1. diligence
2. learning and skill
3. mental, emotional and physical ability

Front 10

What must a lawyer do to competently perform services if he/she does not have sufficient learning and skill in a particular area?

Back 10

1. associate with someone who does, or
2. acquire sufficient learning and skill before performance is required.

Front 11

What duties are owed to a client once the lawyer-client relationship is formed?

Back 11

Competence, Communication, Confidentiality

Front 12

What is required of a lawyer under the duty of Communication?

Back 12

keep client reasonably informed about significant developments and promptly comply w/ reasonable requests for information and documents

Front 13

What are the requirements for protection of work product information?

Back 13

1. document or other tangible thing
2. created in anticipation of litigation
3. by or for a party, counsel, or at counsel's direction

Front 14

What is Attorney Client Privilege?

Back 14

Protected communications between lawyer and actual/potential client for purpose of seeking legal advice

Front 15

What is the California Bar's response to SEC "Safe Harbor" rule?

Back 15

An attorney who discloses client confidences is doing so at own peril

Front 16

Under what circumstances is there no privilege in CA?

Back 16

If the services of the lawyer were sought/obtained to enable/aid anyone to commit or plan to commit a crime or a fraud.

Front 17

What constitutes the unauthorized practice of law in CA?

Back 17

1. helping a non-attorney practice law or
2. practicing law in a state where the attorney is not authorized to practice

Front 18

When may an attorney break client confidentiality in CA without client consent?

Back 18

If the attorney reasonably believes it is necessary to prevent a criminal act likely to result in death or substantial bodily harm to an individual

Front 19

When does an attorney not have to have a written fee agreement?

Back 19

emergency, prior fee agreement, client is a corporation

Front 20

What are the consequences for complying with the written fee agreement requirements?

Back 20

The contract is voidable at the option of the client and only entitled to a reasonable fee

Front 21

What terms are necessary for a fee agreement in CA?

Back 21

1. description of hourly fees, costs, and charges
2. general nature of legal services to be provided
3. responsibilities of attorney & client

Front 22

May an attorney contract with a client to prospectively limit the lawyer's malpractice liability?

Back 22

No.

Front 23

What is the new rule regarding malpractice insurance?

Back 23

A lawyer must disclose whether or not they have malpractice insurance, in a writtenfee agreement or by other written communication

Front 24

What does CA require for a contingent fee contract?

Back 24

1. Statement of % (including statement that % is not set by law)
2. statement of how costs work
3. statement of any other fees for which the client may be liable.

Front 25

In what decisions does a client have a "substantial right?"

Back 25

Self representation in criminal trial and whether to appeal

Front 26

When may a lawyer split fees with another lawyer not in the same firm?

Back 26

If the client consents in writingafter a full written disclosure including division and terms and the total fee charged is not increased

Front 27

Can a lawyer offer to pay a fee or trade services for referrals?

Back 27

No. In CA, a lawyer "shall not promise anything of value in return for a recommendation."

Front 28

Can a lawyer give a gift to someone who referred a client?

Back 28

Yes. If the referral was not made with the understanding that the attorney would give the gift or give it to encourage more referrals

Front 29

When may a lawyer reveal protected information?

Back 29

Only with informed client consent

Front 30

Under what circumstances may an attorney withdraw from representation?

Back 30

1. client insists on untenable argument 2. seeks to pursue illegal course of conduct 3. insists the lawyer pursue illegal course 4. makes it unreasonably difficult to effectively represent 5. insists on conduct contrary to lawyers judgment 6. doesn't pay

Front 31

What is the "substantial relationship" test?

Back 31

was information material to the former representation material to the current representation given the factual and legal issues

Front 32

What is the "substantial relationship" test used to determine?

Back 32

whether an attorney should be disqualified in representing a particular party in a particular case

Front 33

What are the restrictions on firm names in CA?

Back 33

rebuttable presumption against names that...
1. state or imply relationship w/ govt. agency or non profit
2. attorney names not employed at firm
3. different names for same firm in same community

Front 34

What fee restrictions apply to CA attorneys?

Back 34

1. not unconscionable
2. unconscionable is determined on the basis of the facts and circumstances existing at the time the agreement was entered.

Front 35

Can a settlement agreement include terms that limit the attorneys ability to practice?

Back 35

No. The only agreement limiting ability to practice is when an attorney retires

Front 36

Who is included in the rules restricting ex parte communications?

Back 36

In CA, the term "judge" includes law clerks, research attorneys, or other court personnel who participate in the decision-making process

Front 37

Under what situations is ex parte communication permissible?

Back 37

1. in open court 2. with consent of or in the presence of all other counsel in the matter 3. in writing if copy is furnished to other counsel

Front 38

When may an attorney assert personal knowlege of the facts at issue in a case.

Back 38

Never. Unless the attorney is testifying as a witness

Front 39

When is payment of a witness proper?

Back 39

To pay for reasonable expenses incurred by the witness, reasonable compensation for lost time, and reasonable fee for the professional services of an expert

Front 40

When can an attorney share legal fees with a non attorney?

Back 40

when giving money to a deceased lawyer's estate, contributing to a retirement plan for office staff, or paying fees to a lawyer referral service

Front 41

When can an attorney testify in a case he/she is also trying?

Back 41

1. if the testimony relates to an uncontested matter
2. testimony relates to the nature and value of legal services
3. lawyer has the client's informed written consent

Front 42

When can a lawyer give financial assistance to a client?

Back 42

A lawyer may loan money to a client if he satisfies the requirements of 3-300 and obtains the client's written promise to repay the loanW

Front 43

What personal relationships must an attorney disclose to a client?

Back 43

any legal, business, financial professional, or personal relationship that would be substantially affected by resolution of the client's case

Front 44

What kinds of solicitation are improper?

Back 44

1. intrusive, coercive, intimidating, threatening, etc.
2. when potential client is in a physical, emotional, or mental state that would not allow them exercise of reasonable judgment
3. at the scene of accident, hospital, etc.

Front 45

Can an attorney make an agreement for literary/media rights that relates to the representation?

Back 45

Yes, with informed consent

Front 46

What are the requirements for accepting 3rd party payment for a client's representation?

Back 46

It must not interfere with the lawyer's independence of professional judgment or the client-lawyer relationship; client information must remain protected; and the lawyer must obtain the client's informed written consent

Front 47

Does a lawyer's sexual relationship with a client disqualify the firm?

Back 47

No. The firm may continue representation

Front 48

Well may an attorney assert a claim or defense that is not warranted under existing law?

Back 48

When it is supported by a good faith argument for an extension, modification, or reversal of such existing law

Front 49

What must an attorney obtain to enter into an aggregate settlement of claims?

Back 49

The informed written consent of each client

Front 50

What is the California definition of "Solicitation?"

Back 50

any communication...concerning the availability for professional employment by the member or firm in which a significant motive is pecuniary gain; and which is delivered in person or by telephone

Front 51

What is necessary for commercial speech to gain constitutional protection?

Back 51

It must concern lawful activity and not be deceptive or misleading

Front 52

If constitutionally protected, what must a state show in order to regulate the speech?

Back 52

the regulation is based on a substantial governmental interest; directly advances that interest; and is not more extensive than necessary

Front 53

If a lawyer is a spouse, parent, child, sibling, client, or in an intimate personal relationship with opposing counsel, the attorney must...

Back 53

inform the client in writing of the relationship

Front 54

In CA, can an attorney be screened to resolve a conflict?

Back 54

No. The firm must drop the client. Screening is allowed under the Model Rules

Front 55

What actions may a trial court take as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay?

Back 55

A trial court may order a party, the party's attorney, or both, to any reasonable expenses, including attorney's fees

Front 56

Does California have a pro bono requirement?

Back 56

No. There is not rule regarding pro bono. However, B&P 6068 says "it is the duty of every lawyer "never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed."

Front 57

Is the MR pro bono requirement mandatory?

Back 57

No. It is a suggested 50 hours of voluntary service. Preferably most spent providing free services to the poor.

Front 58

What additional (other than to people of limited means) organizations does the MR recommend for providing pro bono services?

Back 58

(1) services to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations; or (2) activities for improving the law, the legal system or the legal profession

Front 59

MR: (preamble) A lawyer, as a member of the legal profession:

Back 59

Is a representative of clients;
An officer of the legal system; and
A public citizen having special responsibility for the quality of justice

Front 60

Under the MR, what is the first situation a lawyer may break confidentiality to try to prevent?

Back 60

reasonably certain death or substantial bodily harm (can only reveal to the extent reasonably necessary)

Front 61

Under the MR, what is the second situation a lawyer may break confidentiality to try to prevent?

Back 61

the client from committing a crime or fraud that is reasonably certain to result in substanital injury to the financial interests or property of another and the client used the lawyer's services in doing it.

Front 62

Under the MR, what is the 3rd situation an attorney may prevent by breaking confidentiality

Back 62

to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud while using the lawyer's services

Front 63

Under the MR, may an attorney seeking legal advice reveal information relating to the represenation of the client

Back 63

Yes, if it is legal advice about the lawyer's compliance with the MR.

Front 64

May a lawyer reveal information relating to the representation of a client to establish a claim or defense on his own behalf?

Back 64

Yes. A lawyer may reveal only to the extent necessary either in a controversy with the client, a criminal charge or civil claim, or in responding to allegations in a malpractice proceeding

Front 65

Under the MR, will a lawyer be subject to discipline for revealing confidential client information if a court orders him to?

Back 65

No. If the lawyer is complying with other law or a court order he will not be subject to discipline.

Front 66

Under the MR, how should a lawyer treat a client whose decision making ability is impaired, "whether because of minority, mental disability or for some other reason,"

Back 66

a lawyer shall maintain a "normal" client-lawyer relationship "as far as reasonably possible."

Front 67

What can a lawyer do under MR if he reasonably believes that the client cannot "adequately" act in his or her own interest?

Back 67

the lawyer may seek the appointment of a guardian or take other protective action.

Front 68

In California, must a lawyer follow the clients wishes if they are a minor, or mentally challenged?

Back 68

The lawyer is proper to act in the best interests of his client . . . to assure that no person incompetent or otherwise incapable of understanding the proceedings against him be forced to participate in a proceeding at which significant rights are at stake."

Front 69

In CA, may a lawyer seek appointment of a guardian if he believes that the client cannot adequately act in his own interest?

Back 69

No. a lawyer must not petition the court to have a conservator appointed for the lawyer's client, because doing so would violate the lawyer's duties of confidentiality and loyalty.

Front 70

in CA, what if the client is severely disabled or unconscious?

Back 70

where the client is permanently unconscious, the conservatee's lawyer is entitled to be guided by his own understanding of the client's best interests.

Front 71

what is statutory grounds for suspension/disbarment under california law?

Back 71

conviction of a felony or misdemeanor involving moral turpitude

Front 72

when an attorney is charged with either a felony or a misdemeanor, who must inform the state bar?

Back 72

the district attorney or other prosecuting authority

Front 73

When must the clerk of courts inform the state bar?

Back 73

upon a conviction of any crime

Front 74

If an attorney is convicted of something that does or may involve moral turpitude, who must the state bar inform?

Back 74

the California Supreme Court

Front 75

CA-Upon conviction, if the crime involves or may involve moral turpitude then the attorney is ________suspended until _____________.

Back 75

1. immediately
2. conviction is final

Front 76

CA, what happens when the conviction is final?

Back 76

the attorney is summarily disbarred if an element of the crime was one which involved the specific intent to deceive, defraud, steal or make/suborn a false statement and is a felony involving moral turpitude

Front 77

CA, An attorney is subject to suspension/disbarment after investigation and hearing/appeal but not summary disbarment when...

Back 77

Felony + moral turpitude but no specific intent or misdemeanor + moral turpitude

Front 78

In CA what are the consequences for willfully disobeying a court order which he ought to obey in good faith with the practice of law?

Back 78

subject to suspension or disbarment

Front 79

In CA, what are the consequences for corruptly or willfully appearing for a party without authority?

Back 79

subject to suspension or disbarment

Front 80

In CA what are the consequences of another person, not an attorney using an attorney's name

Back 80

If the attorney purposely lends his/her name to be used he is subject to suspension or disbarment

Front 81

In CA, what are the consequences for committing any act involving moral turpitude, dishonesty, or corrumption?

Back 81

he/she is subject to suspension or disbarment regardless of whether it was "committed as an attorney" or is a felony or misdemeanor

Front 82

In CA, may a lawyer advocate the violent overthrow of the government of the US or CA?

Back 82

no. If advocating by force, violence, or any unconstitutional means it is grounds for suspension/disbarment

Front 83

If a CA client wants to hire a Mass. law professor to represent him in a pending case in CA Superior Court, what must he do?

Back 83

If professor is a member in good standing w/ home state bar, he can file app to be admitted pro hac vice. if granted he will pay $50 and must associate with CA bar member

Front 84

A pro hac vice will not be granted to someone who

Back 84

1. is a california resident
2. is regularly employed or regularly engaged in substantial business in CA

Front 85

what must an out of state attorney do to be eligible to appear as arbitration counsel in CA?

Back 85

an attorney must comply with CCP 1282.4, and pay $50

Front 86

Can a Mass. attorney conduct either a trial or an arbitration in a jurisdiction other than Mass. under the Model Rules?

Back 86

Yes, if he associates with someone admitted in that jurisdiction and that person actively participates, or if matter is pending and attorney is or expects to be authorized or if arbitration

Front 87

Under the MR, must an attorney associate with local counsel?

Back 87

Yes, unless it is arbitration or pending matter which is up to local state rules

Front 88

In CA, what are the requirments for non litigating attorneys temporarily in CA?

Back 88

1. maintain an office in US where licensed to practice
2. already be retained by client
3. indicate on any website or ad that not licensed to practice in CA

Front 89

In CA, what are the requirements for out of state attorney as in house counsel?

Back 89

1. register w/ bar and file character application
2. satisfy MCLE requirements
3. reside in CA

Front 90

what can in house counsel do?

Back 90

1. provide legal services only to company
2. cannot make court appearances
3. cannot provide personal or individual representation to any customers, shareholders, etc.

Front 91

can in house counsel get pro hac vice to appear in court in california?

Back 91

no. she resides in state so cannot appear in court under any circumstances

Front 92

If attorney is senior counsel for western US for IBM, can she advise Los Angeles retailer?

Back 92

No. attorney must be a resident of ca and maintain a resident office in CA- under MR would be permitted

Front 93

In CA, may an attorney licensed to practice in another state perform public interest legal services?

Back 93

Yes. An attorney may practice for three years for a qualifying legal services provider under the supervsion of a CA attorney and must register w/ bar, file char. app, and pay $50 and meet MCLE req.

Front 94

What are the only three issues in any case involving A-C privilege or work product?

Back 94

1. Does the privilege/doctrine attach? (if the elements are satisfied)
2. If so, who holds the privilege/doctrine? (only the holder has right to waive)
3. Has it been waived? (consciously, inadvertantly, via apparent authority)

Front 95

What does work product attach to?

Back 95

(1) A document, (2) created in anticipation of litigation, (3) by or for a party; counsel; or at counsel's direction

Front 96

When work product attaches, what does it provide?

Back 96

Protection against discovery of the particular document/thing

Front 97

What are the two types of work product?

Back 97

1. opinion (consisting of the mental impressions of the attorney)
2. ordinary (everything else)

Front 98

When can opinion work product be discovered by opposing counsel?

Back 98

When it is put in issue (malicious prosecution)

Front 99

When can ordinary work product be discovered by opposing counsel?

Back 99

If opponent can establish: substantial need and inability to obtain by other means

Front 100

under the MR, when must an attorney report another attorney's ethical violations to the bar?

Back 100

If it raises substantial questions about honesty, trustworthiness, or fitness as a lawyer

Front 101

Under the MR, what are the exceptions to the reporting requirements?

Back 101

1. confidential communication w/ attorney
2. learned in the course of attending bar approved rehab (AA, etc.)

Front 102

Does CA require attorneys to report the ethical violations of other attorneys?

Back 102

No. California does not want attorneys telling on each other

Front 103

What must an attorney do when under investigation by the bar?

Back 103

cooperate. requirement does not deprive of 5th amendment right or constitutional statutory privilege- do have to turn over records that have been subpoenaed and if you don’t that is another violation

Front 104

What are an attorneys self reporting duties in CA?

Back 104

1. three or more (malpractice) suits in 12-mos
2. judgment for fraud, misrepresentation, breach of fiduciary duty, or gross negligence in a professional capacity
3. judicial sanctions
4. felony indictment
5. any felony or misdemeanor while practicing law
6. any licensing or agency discipline in any state
7. judgment refersal based on misconduct, incompetence, or misrepresentation

Front 105

What are the MR requirements regarding bar admission and disciplinary matters?

Back 105

1. no knowingly false statement
2. no failure to disclose or fail to respond to a lawful demand for information not protected by confidendiality

Front 106

Moral Character for Bar Admission

Back 106

a. Moral character is an issue over and above competence.
b. Key is your moral character now, but past behavior is used as a guide to present character.
c. Ultimately it is State Supreme Court who decides. Bar committees only recommend.
d. Focus tends to be on dishonest, rather than “morality,” but at some point, e.g. child molester, conduct society considers immoral will bar you.
e. Lesser conduct will keep you out then will move you out if you are already a lawyer
f. No automatic disqualification for commission of a felony or misdemeanor.
g. Beliefs, and joining organizations, will not keep you out, unless there is advocacy of overthrowing the government by force of arms.

Front 107

What requirements are there after California bar admission?

Back 107

State and federal court
1.Must be separately admitted to each district court and each circuit court
Additional requirements for Supreme Court
Obligations for membership
1.MCLE requirements- 24 hours every three years
2.Pay dues

Front 108

Consequences of UPL

Back 108

(a) Layperson- misdemeanor
(b) inactive bar member
1.State prison- could be felony
required to return any money received for services

Front 109

If you are a former attorney what can you do?

Back 109

1. legal work of a preparatory nature, such as legal research, the assemblage of data and other necessary information, drafting of pleadings, briefs, and other similar documents;
2. Direct communication with the client or third parties regarding matters such as scheduling, billing, updates, confirmation of receipt or sending of correspondence and messages; or
3. Accompanying an active member in attending a deposition or other discovery matter for the limited purpose of providing clerical assistance to the active member who will appear as the representative of the client.

Front 110

Under the model rules, where can an attorney be subject to discipline?

Back 110

both where you are admitted to practice and the jurisdiction where violation occurs

Front 111

Under the model rules, if something is ok in one state and not in another, which law applies?

Back 111

for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits

Front 112

Under the MR, what law applies to transactional or other conduct not pending before a tribunal?

Back 112

the rules jurisdiction in which the conduct occurred, or where the conduct will have predominate effect

Front 113

What are the exceptions to the recipricol discipline doctrine?

Back 113

1. Lack of due process 2. Grave injustice 3. Same conduct in one state would result in substantially different discipline in other state

Front 114

Under the MR, how is A-C relationship formed?

Back 114

Determined by caselaw

Front 115

What is the most important factor for determining whether attorney client relationship has formed?

Back 115

the client's subjective belief. also important is whether confidential information has been shared or advice given

Front 116

What violates that Duty of Competence in California

Back 116

o it is almost impossible to be sued for lack of skill because you have to either recklessly, intentionally, or repeatedly fail to perform with competence

Front 117

Under the MR, can an attorney limit the scope of representation?

Back 117

Yes, but not so much that it interferes with duty of competence

Front 118

In CA, can an attorney limit the scope of representation?

Back 118

Yes. A member may reasonably limit the scope of employment or representation

Front 119

Under the MR, may a lawyer prospectively limit liability for malpractice?

Back 119

Yes. If the client is independently represented. Arbitration agreements do not require independent representation provided fully informed

Front 120

Is an attorney required to have fee agreements in writing under the MR?

Back 120

No. But MR say it is preferable to put it in writing

Front 121

Under the MR, may an attorney accept payment from a 3rd party for client's legal fees?

Back 121

Yes, as long as it does not affect, determine, or regulate the attorney's professional judgment

Front 122

Under the MR, when is an attorney not required to follow the officer's decisions regarding the organization?

Back 122

when the lawyer knows that the organization is likely to be substantially injured by action of an officer or other constituent that violates the law or legal obligation

Front 123

Under the MR, what must an attorney do when a constituent is seeking advice and interest is adverse to the company?

Back 123

stop and explain that the corporation is the client and they might want to retain other counsel

Front 124

Where must a lawyer keep disputed funds? under the MR? under CA rules?

Back 124

MR: in separate account
CA: in client trust account

Front 125

Summary of fee and property requirements

Back 125

Unearned fees/unpaid disbursements must go in Client Trust
Once the fees have been earned-s/b withdrawn “at the earliest reasonable time.”
Client & 3rd Parties must be promptly notified when funds received
Funds must be “promptly delivered to client” when fixed and requested by client.
Record for 5 years
Locked room or safe deposit box for client property

Front 126

Client's right to fire attorney is absolute except under what circumstances?

Back 126

1. counsel is appointed by court
2. client is doing it for tactical reasons
3. contingent fee case immediately prior to verdict

Front 127

What are the two ways according to the CA supreme court for showing but for causation in transaction case?

Back 127

without the attorney's negligence they (1) would have gotten a better deal; or (2) would have been better off not entering the deal at all

Front 128

What must a plaintiff show in either a transactional or litigation malpractice claim?

Back 128

but for the alleged malpractice, it is more likely than not that the plaintiff would have obtained a more favorable result

Front 129

What is used to determin whether in a specific case an attorney will be held liable to a 3rd person not in privity?

Back 129

A balancing test of various factors: extent to which the transaction was intended to affect the plaintiff, the foreseeability of harm to him, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant's conduct and the injury, and the policy of preventing future harm.

Front 130

When is an attorney not liable for making an error of law?

Back 130

If the error is made as to a question of law on which reasonable doubt may be entertained by well-informed lawyers.

Front 131

When may 3rd party beneficiaries recover against an attorney

Back 131

If they lose their testamentary rights because of failure of the attorney who drew the will to properly fulfill his obligations under his contract with the testator

Front 132

What is another situation where a 3rd party may be able to sue an attorney for malpractice?

Back 132

invited reliance which is if your client says I want you to do something for me that we all know will be relied on by someone else

Front 133

Are transactional documents work product?

Back 133

yes in California as long as it is made in anticipation of litigation

Front 134

in a corporation, whose communications with attorney are confidential?

Back 134

any corporate employee who talks to the attorney

Front 135

In CA, how long does attorney-client privilege last?

Back 135

after death until the estate is wrapped up or longer by judicial order

Front 136

What are the three approaches to inadvertant waiver?

Back 136

1. middle ground- when conduct is grossly negligent waiver is intentional-reasonable steps must be taken to protect
2. No waiver-waiver requires knowlege and intent
3. Strict accountability- inadvertent disclosure vitiates the privilege

Front 137

What must an attorney do under the MR when he discoveres documents that have been inadvertently sent?

Back 137

promptly notify the sender-under federal law must sequester, destroy, or return

Front 138

What is the difference between MR and CA up the ladder reporting requirements?

Back 138

MR: shall
CA: may

Front 139

Is it reasonable to do no investigation in a death penalty case?

Back 139

No. must at least do some but decision of how much to investigate is still very much up to the attorney

Front 140

What must be shown in a criminal malpractice case?

Back 140

actual innocense by a preponderance of the evidence

Front 141

What is the standard for showing actual innocense in a criminal malpractice case in CA?

Back 141

Must obtain a reversal of the conviction

Front 142

So what must a client show to win a criminal malpractice case?

Back 142

a client must first establish error and different result under strickland and then show actual innocence

Front 143

When is a supervising attorney liable under the model rules for another attorneys violation?

Back 143

either orders or who knows of a violation by a subordinate and fails to take remedial action

Front 144

Is the subordinate attorney liable for ethics violations ordered by a supervisor?

Back 144

c. If a particular question of professional duty can reasonably be answered only one way, the duty of both lawyers is clear and they are equally responsible for fulfilling it. where there is a question the authority to resolve it reposes in the supervisor

Front 145

In CA, can an attorney state personal knowlege during litigation?

Back 145

No. but he can state his opinion

Front 146

Under the MR, what are the two situations where a lawyer cannot have a contingent fee?

Back 146

1. criminal case
2. Domestic relations matter (divorce, alimony, support, or property settlement)

Front 147

When can a lawyer not have a contingent fee in CA?

Back 147

in divorce proceedings and limited in health care negligence cases (by caselaw but no rule)

Front 148

New rule 1.10

Back 148

while lawyers are associated in a firm, none of them shall knowingly represent a client if any one of them would be prohibited from representing the client unless
i. The disqualified lawyer is timely screened from any participation
ii. Written notice is promptly given
iii. Certifications of compliance with these rules is made available

Front 149

Is the selection and compilation of documents protected?

Back 149

majority of cases recognize it as work product-so it is privileged

Front 150

Can you contract with a former client a settlement agreement that releases the attorney from malpractice?

Back 150

yes under both MR and CA as long as the client is independently represented

Front 151

when is the client abandonment defense available?

Back 151

If the attorney's neglect was excusible (moved and post office did not properly forward, cancer, etc.)

Front 152

What position does California take on inadvertent waiver?

Back 152

balancing state so it can be waived if reasonable steps are not taken