Professional Responsibility

  1. PR Outline
    • 1. Duty of Confidentiality
    • 2. Duty of Loyalty
    • 3. Financial Duties to Client
    • 4. Duty of Competence and Due Care
    • 5. Duty of Candor to the Public and Dignity of the Profession
    • 6. Duty of Candor to the Court and Fairness to Adversary
    • 7. Preserving the Dignity of the Court and Additional Duties
  2. 1. Duty of Confidentiality
    • Scope: attaches before A/C relationship and after termination
    • Exceptions
    • - consent
    • - prevent reasonbly certain death of SBH (CA permissive after good faith effort to dissuade, and inform client)
    • - prevent fraud or financial crime permissive (no CA)
    • - malpractice suit or discipline
    • - compelled by court order
  3. 2. Duty of Loyalty
    • Concurrent conflict of interest: directly adverse to interests of another client, or will be materially limited in representation. Client may consent. (CA no reasonable lawyer std., potential and actual conflicts, and only written disclosure required)
    • Imputed conflicts: imputed to whole firm
    • - except previous gov't service, conflicted L will not limit representation, prior work for firm rep adverse party if timely screened
    • Lawyer-Client Conflicts: ownership or financial interests adverse to client, limiting liability for malpractice, publication rights contracts, financial assistance, gifts, close relationship to opposing counsel, trial consel as witness
    • Conflicts Between Clients: former clients, clients with inconsistent positions, multiple clients in same matter, former gov't lawyer in private practice
    • Conflicts with 3P: compensation from 3P, organization clients
  4. 3. Financial Duties to Client
    • Attorney's Fees
    • Client Trust Account
  5. 4. Duty of Competence and Due Care
    • Competence: duty to use legal skill, knowledge, thoroughness and preparation reasonably necessary for adequate representation through necessary study or association
    • Duty of Diligence
    • Duty to Communicate
    • Withdrawal
    • - Mandatory: continuing would violate law or ethical rule
    • - Permissive: Are FAIR: w/o Adverse effect, Financial hardship, Acts are illegal, Insists on repugnant objective, Refusal to fulfill obligations (CA: And Are Fine: w/o material Adverse effect, Acts are illegal, Financial hardship)
  6. 5. Duty of Candor to the Public
    • Constitutional considerations: 1st Amd protection for advertising, but states may regulate against false or misleading
    • Advertising: labeled advertising materials, at least one L responsible, records kept for 2 years. Specialist must be certified (CA education, experience, examination, evaluations)
    • Solicitation: no ambulance chasing in person or by phone
  7. 6. Duty of Candor to Court
    • Duty to Present Facts and Evidence Truthfully
    • Duty to Produce Evidence in possession
    • Duty to State Law Truthfully
  8. 7. Preserving the Dignity of the Court
    • Honesty
    • Conduct of Litigation
    • Dealing Fairly with Others
    • Press-Trial Publicity
    • Impartiality of Jurors
    • Unauthorized Practice of Law
Card Set
Professional Responsibility
Professional Responsibility