Professional Responsibility

Front 1

Applicable Law

Back 1

(1) California and ABA authorities
-Unless otherwise directed
-ABA Model Rules for majority guidance.

(2) NOT COVERED: Code of Judicial Conduct

Front 2

Duties Owed by to CLIENT

Back 2

(1) Confidentiality
(2) Loyalty
(3) Financial Responsibility
(4) Competence
(5) Otherwise act reasonably

Front 3

Opening Sentence for PR

Back 3

"The lawyer has a duty of [fill in a duty] to [fill in a person or thing]."

Front 4

Duties Owed by to Court and Others

Back 4

(1) Candor/Truthfulness
(2) Fairness
(3) Dignity/Decorum
(4) Otherwise act reasonably

Front 5

To whom does an attorney owe duties to?

Back 5

(1) Clients & Prospective Clients
(2) Court/tribunal
(3) Adversaries (parties & their counsel)
(4) Profession
(5) Third parties
(6) Public

Front 6

Mnemonic for Duties Owed

Back 6

Clients Love Fierce Counsel; Court Feel Differently

CLIENT:
(1) Confidentiality
(2) Loyalty
(3) Financial Responsibility
(4) Competence

OTHERS:
(1) Candor/Truthfulness
(2) Fairness
(3) Dignity/Decorum

Front 7

Duty of Confidentiality

Back 7

Attorney cannot reveal anything "related to the representation" of a client without her consent.

-Client does not have to request confidentiality

Front 8

Disclaimer of Confidentiality

Back 8

Disclaimer MUST be in sufficiently plain terms for a lay person to understand.

VALID
"I understand and agree that Law Firm will have no duty to keep confidential the information I am now transmitting to Law Firm."

INVALID
"I agree I am not forming an attorney-client relationship or a confidential relationship by submitting this question."

Front 9

Duty of Confidentiality

v.

Attorney-client privilege

Back 9

(1) Duty of Confidentiality
-PR Rule
-Covers: all communications pertaining to legal services AND disclosures that could reasonably lead to discovery of confidential information by a third party
-Covers information obtained from non-parties

(2) Attorney-client privilege
-Evidentiary Rule
-Covers: only communications pertaining to legal services, not other subjects like business tactics or political consequences.
-Covers information obtained ONLY from parties and their agents

Front 10

Duty of Confidentiality: 5 Exceptions

Back 10

(1) Consent
-Implied; or
-Express

(2) Bodily Injury or Death
-CA: act must be criminal; & good faith attempt to (i) dissuade; and/or (ii) disclose
-ABA: any act resulting in substantial bodily injury or death

(3) Pecuniary Loss and Fraud
-CA: NO disclosure
-ABA: Allows IF: (i) used/using legal services to further; & (ii) disclosure would prevent or mitigate substantial financial loss

(4) Attorney Self-Defense
-MalPractice
-Disciplinary action
-Not paying bill

(5) Compelled by Law