Professional Responsibility

Front 1

Duties to the client

Back 1

1. confidentiality
2. loyalty
3. financial responsibility
4. competence
5. other reasonable things

Front 2

Duties to entities other than client

Back 2

1. candor/truthfulness
2. fairness
3. dignity/decorum
4. other reasonable things

Front 3

Duty of confidentiality

Back 3

You can't reveal anything "related to the representation" of a client without her consent. .

It can attach w/o formation of lawyer-client relationship.

It continues even after death

Front 4

Exceptions to the duty of confidentiality

Back 4

1. Consent/ implied consent
2. defending yourself
3. prevent death or substantial bodily harm (permissive)
*CA must make good faith effort to talk client out of it and tell them you're going to tattle
*CA, no finacial exceptions. ABA if services used to commit crime, disclosure prevent substantial financial loss

Front 5

Conflict of interest -duty of loyalty

Back 5

Interest of you, another client, or third party materially limits or is adverse to loyal representation.

Front 6

conflict of interest- consent

Back 6

1. objectively reasonablgy believe you and represent everyone effectively
2. inform each affected client (still can't violate duty of conf)
3. client consents, confirmed in writing

Front 7

Imputed disqualification

Back 7

1. You and all members of firm share responsibility
*CA follows these rules for disqualification but not discipline

Exception: Conflicts arise from previous government service, work for adverse parties at a previous firm, or a purely personal relationship, the conflict need not disqualify colleagues. - Ethical wall

Exception: short term legal services under a court, agency, or non-profit program, only responsible if you new about conflict

Front 8

conflict of interest remedies

Back 8

1. refuse to take the case
2. advicse multiple clients to get separate counsel
4. withdraw

Front 9

conflict of interest - business transaction

Back 9

First Discuss Over Coffee

You may enter into business with a client or obtain an interest adverse to hers only if:
a. the terms are fair to the client
b. fully disclosed in understandable writing
c. client has an opportunity to consult outside counsel
d. client provides written consent

Front 10

conflict of interest - publication rights contract

Back 10

ABA: client can't sell rights to story to lawyer during rep.

CA: Yes, if judge is statisfied that client understands and consents

Front 11

Conflict of interest loans

Back 11

CA, loans okay with an IOU. Can't promise to pay a prospective client's debts

Front 12

Relationship with lawyer on the other side .

Back 12

Can't oppose a party represented by your relation without informed consent.
*Not imputed to law firm

Front 13

Trial counsel as witness- conflict of interest

Back 13

ABA: can be witness if it won't prejudice the client, is uncontested or about atty fees, or withdrawal would disadvantage the client

Front 14

Conflict between two clients

Back 14

Need reasonable consent of both clients, if the same matter it would be unreasonable to rep both even with consent

1. CA: Does not extend prohibition to representing a policy holder and his insurance company as joint clients, where the insurer's interes tin each matter is only as an indemnity provider

Front 15

Arguing for two different positions in differnet appeals

Back 15

Okay maybe with consent but have to withdraw if either would be disadvantaged

Front 16

Best remedy for mutliple client conflict issue

Back 16

Withdraw from both and advise them to get separate counsel. Or at least withdraw from the one where you could use confidential info to hurt the other.

Front 17

conflict of interest - former client

Back 17

You cannot take on a client new clients with interests MATERIALLY adverse to a former client without former's cosnent

Ask do the rpesentations overlap in function, scope or information

Front 18

conflict of interest - former client- imputed disqualification

Back 18

At new firm conflicts will not extend to your collegues if you are:
1. timely and effectively screend
2. receive no direct part of the fee

and former cleint receives
3. notice
4. periodic certifications of compliance with these conditions

Front 19

Former government lawyer in private practice

Back 19

CA bars prosecutors from later working for defendants of a case they were one

ABA: Need consent from gov. agency to worked personally and substantially one a matter

Front 20

Conflicts due to third parties

Back 20

Need client consent to be paid by third party

Have to report violation of security laws as in-house counsel to CEO or Chief Legal Counsel, if they don't respond go to the board.

May disclose to SEC to prevent fraud

Front 21

Financial duties to client

Back 21

ABA: how fee is calculated, hwat services are covered, and lawyer and client's duties

CA: agreement must be in writing unless
1. under $1000
2. with a corporate client
3. for routine services for a regular client
4. emergency or impractical

Contingent fee cases:
1. your percent
2. expenses to be deducted from recovery
3. whether percentage is taken before or after expenses
CA:
4. how work not covered by contingency fee will be paird
5. that lawyer's fees are negotiable

IF terminated can get percentage of work done if there is ever recovery

Front 22

Fees must be reasonable

Back 22

CA: Fees can't be unreasonably high

refusal of settlement offer cna be grounds to withdraw

CA: must engage in fee arbitration if client requests

Front 23

Fee splititng

Back 23

lawyers in firm= OK
lawyers outside firm= OK w/ discolsure to client, consent, proportional
Non-lawyer= not allowed. except for: death benefits to dead lawyer's heirs, salaries to employees, to non-prrofit org.

Front 24

Client trust accounts

Back 24

Duty to safeguard your client's property by labeling and storing it in a safe place such as an office safe or deposit box.

No comingling of client.

Smaller funds held for short periods can be held in IOLTA account

Front 25

duty of competence

Back 25

Using the legal knowledge, skill, thoroughness and preparation reaosnably necessary for the representation

Front 26

Duty of dilligence

Back 26

Duty to diligently, promptly and zealously pursue your case to completion

Front 27

Duty to communicate

Back 27

Duty to keep your client informed about the case, including settlement officers and asnwering messages

Front 28

Duty to withdrawal

Back 28

Must withdraw if continuing would violate a law or ethical rule

Permissive withdrawal: if you convince the court there is good cause
CA: can withdraw if client breaches agreement to pay

Procedure:
1. notice to client
2. must return unspent fees and expenses, and all property and materical papers to the clients (CA- even if they owe money)

Front 29

Duties of candor and dignity - solicitations

Back 29

1. Ads can't be misleading
2. can claim to be specialized unless you are certified
3. can't harass someone, can target but must lable.
4. ID lawyer responsible for ad
5. Can't seek employment for pecuniary gain in person over over phone. CA: internet chat okay

Front 30

Duty of candor to the court and fairness to adversary

Back 30

Can't engage in conduct involving dishonesty, fraud, deceit , or misrepresentation. Can override duty of loyalty and confidentiality

Front 31

Duty to present facts and evidence truthfully. and evidence truthfully

Back 31

Must refuse to amke a false statement of material fact or offer evidence you know is false to a tribunal, or fail to correct a false statement of material fact or law you made

Front 32

Client purjuyr

Back 32

Civil - refuse to call client
criminal - take reasonable remedial measures.
ABA: Tell the judge
CA: if they want to testify allow then to testify in narrative format

If you find out later don't have to do antyhging

Don't have to do anything if you just think but don't know they're lying

Front 33

Duty to produce evidence

Back 33

Must not suppress any evidence that you or your client has a legal obligation to reveal or produce, regardless of your duty of loyalty.
You must not obstruct access to or camper with fruits or instrumentaltieis of crime.
Turn over drugs.

Front 34

Duty to uphold law

Back 34

tattle if death or substantial bodily harm

Front 35

Duty of fariness

Back 35

Duty to behave honestly. Must promote public confidence in the integrity and efficency of the legal system and profession.

Front 36

Reporting violations

Back 36

CA: don't have to report but if you know you have to try to stop it. Have to report if you scrweed up.

Front 37

Just following orders

Back 37

Subject to violation if clear violation.
If its debatable then only boss is responsible.

If boss knew about or ratified conduct then he's responsible