Prof. Resp. - Schmidt

Front 1

Professional Responsibility
Requirements to Receive Payment from 3rd Party

Back 1

1) Client gives informed consent2) No interference with lawyer's professional judgment3) Lawyer-client confidentiality is preservedCAL: consent must also be in writing

Front 2

Professional Responsibility
Conflicts of Interest - Former Clients

Back 2

ABA: Same or substantially related matter if clients interests are materially adverseCal: Adverse and lawyer obtained confidential information of former clientFormer clients must give informed consent in writing

Front 3

Professional Responsibility
Lawyer's Duty to the Client

Back 3

- Confidentiality- Loyalty (conflicts)- Financial Responsibility - written contingency, can loan $ in CA no in ABA, - Due Care / Competence

Front 4

Professional Responsibility
Lawyer's Duty to the Court / 3rd Parties

Back 4

- Candor / Truthfulness- Fairness- Dignity / Decorum

Front 5

Professional Responsibility
Causes of Action for Malpractice

Back 5

- Breach of contract- Breach of fiduciary duty- Conflict or interest or improper disclosure of confidential information- Intentional Torts - fraud, malicious prosecution, abuse of process- Negligence / Breach of duty of care - Must show causation: negligence caused client harm and damages

Front 6

Professional Responsibility
Conflict of Interest - Lawyer as Witness

Back 6

Not applicable where:1) The issue is uncontested2) The tesitmony is about the nature and value of legal services the lawyer providedCA otherwise requires informed consent to waiveMR - Not waivable

Front 7

Professional Responsibility
Conflict of Interest - Current Client Conflicts

Back 7

MR and CA require informed written consent to waiveMR also requires that "the lawyer reasoanbly believes that she can prived competent and dilligent representation to each client."MR - Under no circumstance can a lawyer represent both clients in same litigation

Front 8

Professional Responsibility
Conflict of Interest - Former Client Conflicts / Different Firm

Back 8

CA and MR are the same1) If the matters are the same or substiailly related; and2) The lawyer has confiential information about the old firm's clientCan we waived with informed written consent- CA, no conflict where the ACR was for limited short-term legal services under court, government or non-profit program

Front 9

Professional Responsibility
Conflict of Interest - Former Governement Lawyers

Back 9

MR - Prohibited from particiting in same action, where lawyer participated personally and substantially - Waivable with informed written consentCA - Applies only to criminal cases the lawyer participated in. No waiver possible, violation requires disbarment and is a misdemeanor

Front 10

Professional Responsibility
Conflict of Interest - Firm Conflict / Sceening

Back 10

1) Disqualified lawyer is timely screened and apportioned no part of the fee2) Written notice is given to the former client3) Compliance verification is given to former client upon request

Front 11

Professional Responsibility
Litigation - Duty When False Evidence Offered to Tribunal

Back 11

ABA: Must take reasonable remedial measures - disclose to the tribunal or withdrawCA Rules don't address remedial measures. Must "employ means consistent with truth and not make false statements"

Front 12

Professional Responsibility
Confidentiallity - Reporting up and Out

Back 12

CA and MR - required to report illegal conduct upOnly MR allow reporting out. In CA, lawyer would be permitted and may be required to withdrawal

Front 13

Professional Responsibility
Client who Insists on Testifying Falsely

Back 13

MR - Lawyer must try to pursuade client, then seek permission to withdrawal - Where withdrawal is not possible, lawyer must remedy the situation, even if that means disclosing confidencesCA - Lawyer cannot disclose confidences, client has to testify in narritve fashion, lawyer cannot rely on those statements in closing.

Front 14

Professional Responsibility
Exceptions to Attornet Client Privledge

Back 14

1) Future crime or fraud2) To prevent "likely" (CA) "reasonably certain" (MR) death or great bodily harm - MR also allows for "Prevent, mitigate or rectify client crime or fraud resulting in substantial injury to financial interest or property of another AND The client has used the lawyers services in the furtherance the crime or fraud"3) Disupte between lawyer / client

Front 15

Professional Responsibility
Fee Reasonableness Factors

Back 15

1) The time and labor required2) The and difficulty of the case3) Likelyhood acceptance will preclude other employment4) The amount invovled and the result obtained5) The time limitations imposed6) The nature and lenght of the relationship with the client7) The experience, reputation, and ability of the lawyerCA also includes8) The relative sophistication of the parties9) The amount of the fee in proportion to the service performed

Front 16

Professional Responsibility
Contingency Fee Factors

Back 16

CA and ABA: 1) Must be in writing2) State the fee rate3) State how litigation expenses will be paidCA: 4) Signed by lawyer and client5) State how other non-covered expenses will be paid6) State that the fee is negotiable

Front 17

Professional Responsibility
Duty of Due Care / Competence Rule Statement

Back 17

An attorney also owes a duty of competence, which means he must act with the care, skill, preparation and diligence of a reasonable practitioner under the circumstances.

Front 18

Professional Responsibility
Duty of Loyalty Rule Statement

Back 18

A lawyer owes a client a duty of loyalty, according to which the lawyer must act solely to further the client’s best interests. He may not sacrifice the client’s interests to his own or to those of a 3rd party.

Front 19

Business Organizations
Duty of Confidentiality Rule Statement

Back 19

Fill

Front 20

Business Organizations
Conflict of Interest - Actual Conflict - Rule Statement

Back 20

Fill

Front 21

Conflict of Interest - Potential Conflict - Rule Statement

Back 21

Fill