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17 Cards in this Set
- Front
- Back
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duty of confidentiality to clients |
don't reveal anything related to rep or use against without client's consent. applies regardless of client asking it to be confidential or it seeming harmful. can attach before relationship or none at all. lasts after death. exceptions: client consents, necessary to establish own claim/defense, or compelled by court order/law/ethical duty reasonably believe will prevent death or bodily harm: good faith effort to convince otherwise, inform client will tell (CA). fraud/financial: yes if use services and will mitigate; CA says no. |
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duty of loyalty to client |
if interest of another client, yourself, or 3rd party materially limits rep, you have conflict of interest. Ignorance is no excuse. Maybe ok: reasonably believe can rep everyone effectively; inform each affected client; client consents and confirms in writing |
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Multiple clients in same matter |
POTENTIAL conflicts bc significant risk service for one may become limited as result of other's interest. Needs reasonable consent (see above) Check for breaches to confidentiality too |
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Opposite sides in same proceeding: |
Never |
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Opposite sides in another matter: |
requires all clients' consent. CA exception: insurance as indemnity |
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2 clients with inconsistent positions: |
yes, diff positions ok. But if either client is disadvantaged, must get consent |
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New clients in matters related to former clients |
Cannot take new client with interests materially adverse to former client w/o former client's consent. Confidential check. |
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Former gov lawyer to priv practice |
If worked "personally and substantially" on matter, cannot work on same matter w/o gov's consent. Imputed disqualification: others can work if 1) screened off 2) do not share any part of fee 3) gov is informed judges/clerks/etc: req consent from all parties |
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Conflicts between lawyer and client |
Gifts: cannot solicit substantial gift or draft legal instrument for client who is not close relative if provides substantial gift Limit liability: cannot Publication rights contracts: ABA not before rep ends, CA maybe if Judge satisfied client understands and consents Use of info to disadv: violates Loans: generally no except indigent or contingency. CA ok with written loan agreement Business transactions: if Fair to client, Disclosed in writing, advised to consult Outside lawyer, Consent in writing Witness: can't be witness in own trial unless testimony uncontested, about legal service, or distinctive value. CA: ok for bench and with consent ok for jury. Close relationships with adversary: immediate family. CA recogs other intimates. |
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Conflicts due to 3rd party |
Sole duty of loyalty is to client, not to any 3rd party. Payment ok with consent. |
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Securities lawyers |
Fed laws: must report to CEO and chief legal counsel, then to highest authority in company. If necessary to prevent fraud, perjury, or substantial injury to org or to rectify financial injury involving your services, MAY disclose to SEC |
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Duty of Financial Responsibility |
Fee agreements req: how fee calculated, services covered, lawyer and client's duties. CA reqs in writing generally. Contingency: percent, expenses, whether percent takes before or after, how work not covered will be paid, that price is negotiable. Not ok for domestic relations/crim. CA ok for domestic relations if doesn't promote dissolution Fees must be "reasonable" Cannot split fees with non-lawyers generally (or partner with them) Funds: don't commingle, keep records for 5 yrs, safeguard client's property |
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Duty of Competence |
Competence: using legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation. If don't know law, can't unless can learn without undue expense/delay or work with another competent lawyer. CA only discipline if intentionally, recklessly, or repeatedly fail to perform competently |
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Other duties to clients |
Duty of diligence: promptly pursue case to completion Duty to communicate: keep client informed and answer client communications Duty to withdrawal: must if phys/mental condition impairs competence. CA: if acting w/o probable cause and harassing/maliciously injuring another. MAY if client is persisting in crim, fraudulent, or repugnant action, or failing to pay, or financially burdens you. |
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Duty of candor to public and dignity of profession |
Advertising must not be false or misleading Solicitation: do not seek employment for pecuniary gain by initiating live or telephone contact w/ specific person with whom you have no prior relationship. |
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Duty of candor to court and fairness to adversary |
Cannot engage in conduct involving dishonesty, fraud, or misrepresentation. Present facts truthfully: Cannot make false statement of material fact or fail to correct. Not knowingly facilitate client perjury. Produce evidence: must produce, cannot tamper, return docs sent inadvertently State law truthfully Uphold law - must withdraw if require you to commit or assist in committing crime |
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Other |
Duty to avoid unauthorized practice of law Duty to preserve decorum and impartiality of tribunal Duty to expedite cases Duty to report (permissive in CA) |
