Professional Responsibility

Front 1

issue checklist

Back 1

I. Attorney's duty to the client II. the attorney's duty to third parties III. Attorney's duty to the court IV. Attorney's duty to profession

Front 2

duty to the client

Back 2

A) duty of loyalty B) duty of silence C) the duty if competence D) duty of financial integrity

Front 3

duty to third parties

Back 3

A) duty to opposing parties in litigation B) the duty to accept representation C) special duty of prosecutors

Front 4

duty to the court

Back 4

A) duty of candor B) duty of honesty C) duty to witnesses and jurors

Front 5

duty of loyalty - conflicts with other clients

Back 5

a) former client b) adverse representation/ inconsistent positions c) multiple clients, one case d) former government lawyer

Front 6

duty of loyalty - conflicts between client & attorney

Back 6

A) sexual relationships B) gifts C) stake in outcome of litigation/proprietary interest in outcome D) business transactions E) attorney does not like client or has other interests F) third party payments

Front 7

duty to the profession

Back 7

A) the duty to avoid unauthorized practice of law B) duty to avoid males or misleading advertisements C) the duty to not improperly solicit clients

Front 8

mandatory withdrawal

Back 8

1) RPC- if representation will result in violation of RPC or other law 2) RPC- lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client 3) RPC- the lawyer is discharged 4) CA- lawyer knows or should have known that client is acting without probable cause and to harass or maliciously injure another person 5) CA- if representation will result in violation of RPC

Front 9

duty to withdraw

Back 9

Permissive v mandatory

Front 10

attorney-client privilege

Back 10

An evidentiary privilege that allows a client to refuse to testify and prevent his attorney from testifying in court about confidential communications between the two or their respective agents.

Front 11

sarbanes-oxley act v. CA law

Back 11

Lawyers who reveal information to the SEC under the SOA cannot be held civilly liable or disciplined under any inconsistent state rule. It remains to be seen whether courts will uphold the SEC's effort to trump CA's strict confidentiality rule

Front 12

CA exceptions

Back 12

1) *CA legislation allows but does not require for Prevention of Substantial Bodily Injury or Death of a Person 2) consent 3) *compelled by law or court 4) malpractice defense 5) to collect attorneys fees

Front 13

duty if financial integrity - contingency fee, divorce case

Back 13

Raise : a) fees generally/ amount b) validity of the contingency fee c) use of a contingency fee in a domestic/ crime case (if it is a domestic or criminal case); and d) stake in the outcome/proprietary interest in the outcome of litigation

Front 14

duty of silence

Back 14

Duty of confidentiality, attorney-client privilege

Front 15

ABA exceptions to attorney-client privilege

Back 15

1) to enable future fraud or crime 2) suit between attorney & client 3) joint clients 4) to show competency or intention of client who has attempted to dispose of property by will or inter vivos transfer

Front 16

duty of confidentiality

Back 16

An attorney must not reveal information relating to the representation of a client. CA rules of PR have no duty of confidentiality, only athe attorney oath gives rise to the duty to maintain client confidences

Front 17

CA exceptions to AC privilege

Back 17

1) to enable future fraud or crime 2) suit between atty-client 3) joint clients 4) to show competency or intention of client who has attempted to dispose of property by will or inter vivos transfer 5) ** to prevent substantial bodily injury or death of a person

Front 18

ABA exceptions to confidentiality

Back 18

1) death or serious bodily harm 2) prevent or rectify substantial financial harm 3) consent 4) compelled by court, ethics rules, or law 5) malpractice defense 6) to collect attorney's fees 7) legal ethics advice

Front 19

duty of competence

Back 19

Requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Front 20

permissive withdrawal

Back 20

1) when can be done without material adverse effect on client's interest, 2) client persists in using lawyer's services to commit a crime or fraud 3) client has used lawyer's services to commit a crime or fraud 4) matter repugnant to lawyer or fundamental disagreement 5) client fails substantially to fulfill an obligation to the lawyer regarding lawyer's services & has had reasonable notice that lawyer will withdraw unless obligation is fulfilled 6) result in unreasonable financial burden on lawyer

Front 21

duty of loyalty checklist

Back 21

1) potential and actual conflicts 2) client & attorney 3) other client 4) corporation as a client 5) imputed disqualification 6) withdrawal (mandatory and permissive)

Front 22

duty of competence - duty to communicate

Back 22

Cannot use another client to translate for a different client. Raise when you have a settlement agreement or plea deal in the fact pattern. Raise when attorney rarely calls client back in fact pattern

Front 23

duty of diligence

Back 23

ZEAL

Front 24

financial integrity

Back 24

1) fees generally/ amount 2) contingency fees 3) fee splitting 4) referral fees 5) advancement of court costs 6) personal loans 7) third party payments 8) duty to safeguard client trust accounts 9) duty not to commingle finances with client trust account

Front 25

duty to opposing parties

Back 25

1) duty to produce evidence 2) duty not to destroy or tamper with evidence 3) duty to return documents sent inadvertently