Professional Responsibility

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Neesters
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162345
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Professional Responsibility
Updated:
2012-07-21 20:36:00
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Professional Responsibility
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Professional Responsibility
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  1. Pro bono work
    Should aspire to 30 hours of pro bono work
  2. Contingent Fees (Generally)
    Are generally allowd for legal matters in washington, but are prohibited in criminal cases and comestic relations cases.

    Contingent Fees agreements must be in writing and include an accounting of how they were spent
  3. Contingent fee arangment
    Must be reasonable and may take into account

    • Time and labor
    • Complexity
    • Skill required
    • Lawyer experiience
    • Amount of employment lawyer will forgo in taking case
    • Limitations imposed
    • Amount involved and the results
    • Customary charge locally 
  4. Lawyer referal service
    A division of fees between the lawyer and an authorized nonprofit lawyer referral service is proper.
  5. Diligence
    A lawyer must expedite and zealously advocate on behalf of the client

    • Lawyers should take promt aciton, magae their caseloads in order to effectively rep their client, and complete all matters undertaken
    •  
  6. Comeptent Representation
    A lawyer must no take a matter the lawyer is not competent to handle unless the lawyer can become competent without unreasonable expense or delay to the client

    If lawyer dows not poess knowledge and skill, the lawyer may refer the matter or associate with a lawyer of established competence (if client gives informed conest and the total fee is reasonable) 
  7. Division of Fees (lawyers of different firms
    • Must be made only
    • (1) in proportion to the services provided or each lawyer assumes joint responsibility for the representation
    • (2) the client agree to the aragement in writing and the total fee is reasonable 
  8. Decision Making
    A lawyer makes tactical decions and a client makes substantive ones.

    A lawyer must promptly inform the client of any decision or circumstance that requires the client's informed consent under the RPCs 
  9. Settlement of the contingent fee arrangement
    Upon conclusion of the contingent fee matter, the lawyer must provide the client with a written statement containing

    • (1) the outcome of the matter,
    • (2) whether there was a recovery
    • and (3) if there was a recovery, the mathod used to determine the amount due to the client.
  10. Communication with other party
    A lawyer must not communicate about the subject matter of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless there is consent.
  11. Third Persons
    In repping a client, a lawyer must not use means that have no substantial purpose other than to embarass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person. 
  12. Lawyer as witness
    Must not act as an advocate at a trial in which the lawyer is likely to be a necessary witness. 

    (May be a witness if the testimony related to an uncontested issue) 
  13. Misconduct
    It is professional misconduct for a lawyer to commit a criminal act that reflects adveresly on the lawyer's honesty or trustworthiness. 
  14. Expedite Litigiation
    A lawyer must expedite litigation and zealously advocate on behalf of the client
  15. Candor
    A lawyer must be truthful with the tribunal and must not knowingly make a false statement of fact or law.
  16. Discovery
    A lawyer must not fail to make a reasonably diligent effort to comply with a legally proper discovery request by an opposing party.
  17. Informed Consetn
    • Communicates adequate informations
    • explains maters risk
    • reasonable available aletenatives
  18. Concurrent conflict (when not allowed)
    • SHALL not if
    • (1) respresentaion of one client will be directly adverse to another rep
    • (2) sig. risk the rep will be materially limited by lawyers responsibility to another client, former clien, third person, or personal interest. 
  19. Concurrent conflict (may represent)
    Reasonable blieve will be able to provide competent/diligent rep

    not prohibited

    no same litigation or proceeding

    AND informed consent, confirmed in writing

    NOT ALLOWED AT ALL if Same proceeding/prohibited by law
  20. Potential Conflicts
    • Signifigant risk or likelihood that conflict will occur
    • and
    • whether representation would be materially limited because of the lawyers other responsibilities
  21. Former Client
    Cannot represent another person in the same or substantially realated matter that is adverse to the former client unless informed consent is given
  22. Business Transaction
    • Fair and reasonable
    • fully disclosed
    • advised to get independent counsel
    • given reasonable time
    • informed written consent
  23. Information gained through reprsentation
    Cannot use confidential infor to the disadvantage of a former client (except where required or permitted)
  24. Gifts
    • No solicit substantial gift from clinet
    • no preparing instrument that gives lawyer one unless the lawyer is realted to donor (close familial relationship)
  25. Media Rights
    Prior to conclusion, no agreement for media rights based on info in represenation
  26. Financial assistance
    Cannot loan or guarantee money

    Costs of litigation may be advance, but cannot be contigent. Client is responsible (unless class action or indigent.
  27. Payment from third person
    • Not accept payment unless 
    • informed consent
    • independent judgment not compromised
    • information regarding representation is protected
  28. Agregate settlements/ pleas
    None, unless infomed consent (includes what other client is getting)
  29. Limiting Liability
    Cannot limit unless indepedent representation in agreement by client.
  30. Settling a claim with an unrepresented party for malpractyice
    give time to get consel and advise in writing to seek independent counsel.
  31. Proprietary interest
    No proprietary interest in a matter in which the lawyer is invoved

    (not counting contingent feels and a lawyers lien)
  32. Sexual relations with a client
    no sex with a current client (unless it existed before client became client)

    not imputed to firm
  33. Related lawyers
    No matter directly adverse to client repped by a related lawyer, unless client gives informed consent and no concurrent conflict of interest
  34. Imputed Conflicts (generally)
    One lawyer in firm disqualified, entire firm is disqualified for current clients and former clients
  35. Imputed conflicts - terminated
    allowed to represent clients to those who left, but not if there is a material adversity, same or substnatially related matter, or any left over confidential information
  36. Imputed Conflict - lawyers joins
    • No representing in matter lawer is disqualified unless
    • screened
    • no portion of fee
    • notice of conflict and screening mechanism
    • not information related to former representation transmitted
  37. Imputed Conflict for government workers
    No matter which lawyers partcipated personally and substantially while in gov't unless appropriate agency gives informed written consent.

    (same goes if switches from private to public or vice versa)
  38. Negotiation for private employment
    No negotation for private employment if partcipated substantially and personally

    (exception for law clerk - notice to officer they worked for)
  39. Former judge or netural third party
    Cannot rep someone where the person was a judge, arbitor, mediator, unless all parties in proceedings give informed written consent.

    Law firm (timely screened, written notice)

    Partisan arbitrator is OK in multi panel abrbitration. 
  40. Duties to prosepective clients
    (def- discusses forming client/lawyer realtionship)

    Lawyer shall not use or reveal info learned from consultation

    COI for potential clients - cannot if materally adverse and harm to prospective client

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