CAB Professional Responsibility

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  1. 4 most common duties owed to clients
    • "The lawyer has a duty of ____ to ____"
    • Confidentiality
    • Loyalty
    • Financial Responsibility
    • Competence
  2. 3 most common duties owed to parties other than a client
    • Candor
    • Fairness
    • Dignity/Decorum
  3. Steps for building a PR essay
    • Clients Love Fierce Counsel; Courts Feel Differently
    • Owed to client: Confidentiality, Loyalty, Financial Responsibility, Competence
    • Owed to others: Candor, Fairness, Dignity/Decorum
  4. Duty of Confidentiality to Client
    • Don't reveal anything related to the representation of a client or use that information against her w/out her consent
    • Scope: Broader than A-C privilege; may attache regardless of whether client sought confidentiality
    • Responsibility: use reasonable electronic security to prevent inadvertent access
    • Note: be skeptical of disclaimer
  5. Longevity of Duty of Confidentiality
    Continues after formal representation ends and after death
  6. Exceptions to Duty of Confidentiality
    • Consent: can be implied if necessary to render your client services
    • Defending yourself: information necessary to establish your claim or defense
    • Compelled by court, law or other ethical Duty
  7. Exception to Duty of Confidentiality - Defending yourself
    • May release information necessary to establish your claim or defense during:
    • sued for malpractice
    • disciplinary actions against you
    • client refuses to pay and you are forced to sue for fees
    • Under ABA: seeking ethics opinion
  8. Circumstances for when/how can you disclose confidential information to uphold the law - death or bodily harm
    • Death or bodily harm: attorney may disclose to prevent 
    • - must make a good faith effort to dissuade client
    • - if reasonable, inform client of your decision to reveal confidences (in CA)
  9. Circumstances for when/how can you disclose confidential information to uphold the law - fraud or crimes causing financial injury
    • Attorney may reveal confidences if client used or is using your services and disclosure would prevent or mitigate substantial financial loss
    • - must make a good faith effort to dissuade client
    • - * NO Financial crime DISCLOSURE IN CA
  10. Definition of Imputed Disqualification & exceptions
    • Any group of lawyers that work together closely or share responsibilities share each others' conflicts
    • Exceptions:
    • May confine conflict behind "ethical wall" if based on attorney's prior work at another firm or w/ Gov.
  11. CA difference w/ respect to imputed conflicts
    • CA does not impute purely personal conflicts to colleagues
    • CA disqualifies, but does not discipline, a lawyer for imputed conflicts
  12. Definition: concurrent conflict of interest
    when there is a significant risk that the representation will be materially limited by the conflict
  13. When may a lawyer undertake representation despite conflicts of interest?
    • Reasonably believes can reasonably/diligently represent clients despite conflict
    • each affected client gives informed consent
    • CA Rule is different:
    • does not contain "reasonably lawyer standard"
    • applies to potential and concurrent conflicts
    • requires "informed written consent"
    • but requires only written disclosure to client when arising from prior representations
  14. Three situations where lawyer may accept fees from 3rd parties
    • client gives informed consent
    • no interference with lawyer's independence or with attorney-client relationship
    • Information relating to representation remains confidential
    • CA: requires consent be in writing
  15. CA requirement for fee agreements (and 5 exceptions)
    • Over $1K required to be in writing
    • Exceptions:
    • client is corporation
    • client states in writing does not want
    • same kind of services client has previously paid for
    • Acting in emergency
    • Otherwise impracticable
  16. Competency in representation ABA v. CA
    • ABA: must act with the knowledge and skill to carry out the representation
    • ABA: Can be punished upon first failure
    • CA: Only punished if "intentionally, recklessly, or repeatedly" fails to perform with competence
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CAB Professional Responsibility
2016-07-20 14:42:13
CAB Professional Responsibility

CAB Professional Responsibility
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