Card Set Information
Duty of Confidentiality
You cannot reveal anything
related to the representation
of a client, w/o his consent.
require attorney-client relationship.
2) DEFENDING SELF
3) PREVENT DEATH OR SUBSTANTIAL BODILY HARM (
- Req's first if rsn'ble, making
him against act and
him of your decision to reveal)
4) PREVENT FUTURE FRAUD OR FINANCIAL CRIMES
- NO Financial Exception)
Conflict of Interest
There is a Conflict of Interest if:
of yours, another client, or third party
materially limits or is adverse
duty of loyalty
to your client.
to overcome conflicts.
You are responsible for conflicts that your are ignorant of
short term legal services
where you are only responsible if you have
You must not take on representation
objectively, reasonably believe you can represent everyone effectively
each client, AND
confirmed in writing
You and all members of your firm share conflicts.
1) Former and current gov't lawyers,
2) Personal interest,
3) Close family relationship with Client,
4) Sexual relationship, AND
5) Prior association with law firm and the lawyer is timely screened.
Business with Clients
Entering into business with a client OR obtaining an interest adverse to client's allowed under conditions:
1) Terms are
in understandable writing,
3) Client has an
to consult an outside lawyer, AND
4) Client provides written
Remedies for Conflicts of Interest
, you may:
1) Refuse to take case,
2) Advise multiple clients to get seperate counsel, OR
Payment to Attorney in Stock
Allowed if it is
fair and reasonable
to the lawyer, when the interest was
A lawyer may serve on the Board of Directors of a corporate client, but
because it may compromise duties of
Allowed for non-profit legal services organization.
You cannot limit your client's right to report you for:
Ethical or professional
UNLESS client had independant counsel.
Publication Rights Contracts
: You may not buy rights to Client's story before representation has ended.
: You may K with Client IF judge is satisfied that the client clearly understands and consents
Loans and Advances to Client
: No financial assistance allowed, EXCEPT for:
1) Costs and litigation expenses when representding an
2) The advance of litigation expenses in
: Above rules also apply to
; No paying prospective Client's debts, but loans allowed IF:
1) Lawyer is
2) There is a
Gifts to Lawyer or Lawyer's Family
You may not:
a substantial gift from a client, OR
Draft a legal instrument that provides a substantial gift
to you or your relative for a client, UNLESS Client is a close relative.
Relationship with Opposing Counsel
If opposing counsel is
, Client must give informed consent.
: includes other '
,' eg shackmates
No imputed disqualification
If Trial Counsel is a Necessary Witness...
: TC cannot serve as counsel and witness UNLESS
1) Testimony regards
2) Testimony regards the
nature/value of services
3) Your withdrawal is a
: TC cannot testify in
1) Testimony regards uncontested matter,
2) Testimony regards nature/value of services rendered, OR
3) Client provides
Screening of Disqualified Lawyer to Avoid Imputation of Conflict
if conflict arises from
association with prior firm
AND there is
, where :
1) Disqualified lawyer is
timely screened from participation
in the matter,
2) Disqualified lawyer gets
from the matter,
is promptly given to any affected
Certifications of compliance
with screening procedures are provided to former client.
Improper Use of Information Adverse to Client
You must NOT use info relating to representation to Client to disadvantage Client
UNLESS given informed consent.
Compensation from Third-Party
You may not accept compenstaion for respresenting Client from someone other than Client
1) Client gives
2) No interference with lawyer's
independent professional judgment
related to the representation is protected.
When representing multiple clients, you must have
written informed consent
client before settlement.
Settling Malpractice Claim with Client
Client to obtain independent counsel, AND
2) Giving Client
to consult with independent counsel.
Conflicts with Former Clients
If Client's interests are
materially adverse to former client's interests
, you cannot represent Client unless former client gives
informed, written consent
Conflicts from Prospective Clients
from prospective client that could be
harmful to prospective client
, you cannot represent Client with interests adverse to prospective client in
substantially related matter
1) There is
written informed consent
Client and prospective client, OR
2) For imputation, disqualified laywer is
timely screened and doesn't share fees
If a securities lawyer becomes aware of a material violation, lawyer must report to:
1) Chief legal officer, AND THEN
2) To the Board or highest authority, AND THEN
3) To SEC, IF
to prevent substantial financial injury,
injury if lawyer's services were used, or prevent Client from
Interests of an Organization
If there may be substantial injury to organization,
1) Lawyer MUST report to
of org, AND THEN
2) Lawyer MAY report to appropriate
of org, to extent
: No reporting to outside persons UNLESS necessary to prevent
act that'll cause
death or SBI
Former Government Attorney
Former government attorney may NOT represent Client if worked '
personally and substantially
' on connected '
' as government attorney, UNLESS government agency gives
informed, written consent
- specific dispute between spcific people over specific issues
: Former prosecutors CANNOT later participate on defense side of the case.
: Disqualified lawyer may be screened.
Non-Contingent Fee Agreements
1) How fee is calculated,
2) Services covered,
3) Dutes of Lawyer and Client.
: Agreements must be in writing, UNLESS:
1) Fee <$1K,
2) With a Corporate Client, OR
3) Emergency or impractical situation.
Contingent Fee Agreements
by Client, containing:
2) What expenses are deducted from recover, AND
3) Whether % is taken before or after expenses deduction.
: also req's:
4) How work not covered by contingency fee will be paid, AND
5) That Lawyers' fees are negotiable.
Cases where Contingency Fees are Prohibited
1) Domestic Relations
2) Criminal Cases
Limits on Fee Amount
must be reasonable
, considering labor, novelty, difficulty, skill and time req'd, result, etc
must not be unconscionably high
Fees that are dependant on successful resolution of Client's case and payable from judgment proceeds.
discharged before resolution
, you are entitled to
reasonable value of services
performed if Client wins.
In Law Firm
Outside Law Firm
: Allowed IF:
1) Total fee is
2) There is
written disclosure and client consent
3) Division is
: Not Allowed EXCEPT:
for non-lawyer employees, AND
2) Sharing with
employed or recommended
Partnerships with Non-Lawyers
Prohibited for purposes of providing legal services.
1) Not exclusive, AND
2) Explained arrangement to Client.
1) No false or misleading communication
2) Ad must include name and office of a lawyer or firm responsible for content
3) No payment for recommendations
4) Reciprocal Referral Arrangements allowed
2) Suggestion of quick settlement
3) Impersonation of Lawyer/Client without disclosing that it is impersonation
4) Dramatization of accident w/o disclosure
5) Contingent Fee Offer w/o info about litigation costs
Disclosure of Professional Liability Insurance
have professional liability insurance must
inform Client in writing
IF reasonably foreseeable that amount of legal representation will
exceed 4 hours
1) Gov't or in-house counsel,
2) Services rendered in emergency, OR
3) Lawyer has previously advised Client.
Exceptions to Attorney-Client Privilege
1) Client seeks Att's services t enable or aid a future crime or fraud,
2) Communication is relevant to an issue of breach of duties in Attorney-Client relationship,
3) Former joint clients now in civil litigation, OR
4) Evidence of competency or intention of Client for a will or intervivos transfer.
5) Necessary to prevent a criminal act resultig in death or SBI
You have a duty to safeguard Client's property by labeling and storing in a safe place.
must be held in a
Client Trust Account
, bearing interest for Client.
Smaller funds held for a short period
may be held in
Pooled Client Trust Accounts
, with interest going to pay
banks' fees and then State Bar
Duty to Keep Records
(CA req's 5 years)
Communication with Represented Person
communicated about Matter with Person you
is represented by Counsel in Matter, UNLESS Counsel granted permission.
Person cannot give permisssion.
Duty to Commnication
You have a duty to keep Client
about the case, including
Duty of Competence
You must use legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Otherwise, subject to:
2) Disqualification in matter, OR
3) Malpractice liability.
Scope of Representation
makes decisions on
1) Continuing representation would
violate law or ethical rule
to represent Client.
1) W/D will not cause
, (Not in CA)
persists in acts
Att reasonably believes to be
criminal or fraudulent
used Att's services
perpetrate crime or fraud
, (Not in CA)
4) Client insists on acts Att finds
5) Client substantially
fails to fulfill obligations
and has been given reasonable warning,
6) Representation will result in
unreasonabl financial burden
on Att, OR (Not in CA)
to Client, AND
of fee and expense advances AND Client's property and material papers
Duty to make Truthful Statements
You must not knowingly...
of material fact or law,
2) Fail to
false statement of material fact or law you previously made,
3) Fail to
disclose controlling legal authority
directly adverse to Client, OR
of material fact or law, OR
2) Fail to disclose material fact when
necessary to avoid assisting a crime or fraud by Client
, UNLESS prohibited by confidentiality.
You may not facilitate Client Perjury.
: You must refuse to call client.
: You may..
1) Counsel Client, AND THEN
2) Ask court for permission to W/D, AND THEN
3) Tell court, even if priviliged info
3) Allow Defendant to testify in the narrative.
After False Evidence is Offered...
You must take reasonable remedial measures:
1) Counsel Client to w/d or correct false evid, AND THEN
2) Ask tribunal for permission to w/d.
Duties end w/ proceedings, which is after time for appeal has run
Duty to Produce Evidence
For Instrumentalities of a Crime, then you must not obstruct access to or tamper with it.
You may retain evidence for a reasonable time to prepare for case, but cannot alter or destroy.