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14 Cards in this Set
- Front
- Back
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Duties to Client (7)
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1. Confidentiality
2. Loyalty 3. Financial Responsibility 4. Competence 5. Diligence 6. Communicate 7. Accepting & Withdrawing from Representation |
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Duty of Competence
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L must use the legal skill, knowledge, thoroughness, and preparation reasonably necessary for representation
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Duty of Loyalty
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Requirements to Represent:
1. L can represent everyone effectively (ABA: reasonable belief) 2. Inform each affected client 3. Client consents in writing |
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Duty of Candor
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Lawyer prohibited from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation
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Duty of Diligence
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L must diligently, promptly, and zealously pursue the case to completion
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Duty to Inform
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L must keep client informed about a case, including:
- Communicating settlement offers - Returning phone calls & emails |
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Duties of Fairness
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Duty to behave honestly in all dealings and promote public confidence in legal system
+ No lying to adversaries + No communicating with represented parties + No press communications if *substantial likelihood* of *materially prejudicing* case + Prosecutors must have PC to prosecute |
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Duties to Third Parties
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Duties Owed To:
- Public at large - Court - Adversaries - Profession - Other Third Parties |
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Duties upon Withdrawing
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1. Timely notice to client
2. Promptly return advances of fees and expenses 3. Promptly hand over all material papers and property of client (including work product) |
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Duty of Candor: Production of Evidence
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+ Must not make false statement, must correct false statements
+ Client Perjury: CA uses narrative method, ABA requires disclosure + No counseling false testimony or unavailability + Must produce relevant evidence in lawyer's possession + Must state law truthfully + Must uphold the law |
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Duty to Accept/Reject Clients
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No general duty to accept, except CA has duty never to reject defenseless for personal reasons
Duty to Reject: - Acceptance would violate law or ethics rule - Lawyer impaired (physically or mentally) - Client repugnance would impair ability to represent - Objective to harass or maliciously injure without probable cause (CA) |
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Duty to Preserve Dignity of Court
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1. Must preserve impartiality
- No influencing jurors improperly - No chicanery 2. Must preserve decorum of tribunal - No bad language 3. Must expedite cases (ABA: no delaying) - No abusing discovery |
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Additional Duties to Public and Profession
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1. No engaging in the unauthorized practice of law
2. Mandatory Reporting Misconduct: * ABA: Substantial questions going to the honesty of a lawyer |
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What are the Nine ABA Canons?
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CANON 1. A LAWYER SHOULD ASSIST IN MAINTAINING THE INTEGRITY AND COMPETENCE OF THE LEGAL PROFESSION
CANON 2. A LAWYER SHOULD ASSIST THE LEGAL PROFESSION IN FULFILLING ITS DUTY TO MAKE LEGAL COUNSEL AVAILABLE CANON 3. A LAWYER SHOULD ASSIST IN PREVENTING THE UNAUTHORIZED PRACTICE OF LAW. CANON 4. A LAWYER SHOULD PRESERVE THE CONFIDENCES AND SECRETS OF A CLIENT CANON 5. A LAWYER SHOULD EXERCISE INDEPENDENT PROFESSIONAL JUDGMENT ON BEHALF OF A CLIENT CANON 6. A LAWYER SHOULD REPRESENT A CLIENT COMPETENTLY CANON 7. A LAWYER SHOULD REPRESENT A CLIENT ZEALOUSLY WITHIN THE BOUNDS OF THE LAW CANON 8. A LAWYER SHOULD ASSIST IN IMPROVING THE LEGAL SYSTEM CANON 9. A LAWYER SHOULD AVOID EVEN THE APPEARANCE OF PROFESSIONAL IMPROPRIETY |
