Professional Responsibility

Front 1

duty to client

Back 1

Clients Love Fierce Counsel & DCWS

1. confidentiality
2. loyalty/conflict of interest
3. financial integrity
4. competence/5.diligence
5. communicate
6. withdraw from representation
7. no sex with client

Front 2

duty to others

Back 2

Courts think/feel differently at times

1. Candor
2. Truthfully state law
3. fairness
4. Decorum of court
5. expedite case timely

Front 3

duty of loyalty

Back 3

represent client with undivided loyalty. If there are conflicting interests that can materially affect representation, atty must:

reasonably believe that the conflict will not prevent her from effectively representing client, and disclose to client about conflict, and client must consent to representation in writing.

Front 4

duty of financial responsibility

Back 4

ABA: attorney fees should not be unreasonable

CA: unconscionably high

att must communicate fee rates in writing if reasonable expects fees/expenses to be over

contingency fees are permissible if in writing (retainer content: % of fees, expenses). except for workers comp and merchant loan/contract

ABA: no contingency fees in criminal and domestic relations matters

CA: no limitation per se, but courts have found such limitations void against public policy.

keep client funds in separate trust account

Front 5

duty competence

Back 5

must use the legal knowledge, skills, preparation and thoroughness reasonably necessary to represent client

Front 6

duty of diligence

Back 6

a

Front 7

duty of communication

Back 7

b

Front 8

duty not to engage in sexual/improper relationship

Back 8

b

Front 9

duty to others

Back 9

b

Front 10

duty of candor

Back 10

b

Front 11

duty to truthfully state law

Back 11

b

Front 12

duty of fairness

Back 12

b

Front 13

duty of decorum/updhold dignity of court

Back 13

b

Front 14

duty to expedite cases timely

Back 14

b