COI/Loyalty
What are the "key terms" to include in the rule statement when there is a concurrent COI?
"significant risk"; "materially limited"
full rule:
SIGNIFICANT RISK that the representation of one or more CL will be MATERIALLY LIMITED by lawyer’s responsibility to:
1) another CL,
2) former CL,
3) third person, OR
4) personal interest of lawyer
true or false: Lawyers are permitted to represent both insurers and insured whereby the insurer has the contractual right to unilaterally select counsel for the insured,
true
List all of the lawyer-CL related duties.
What are the three duties when it comes to non-client integrity?
Duty of fairness, duty to report ethical violations, duty to the public and profession
True or false: contingency fees are allowed in domestic relations cases
False. Contingency fees are NOT ALLOWED IN CRIMINAL OR DOMESTIC RELATIONS CASES.
List the ABA exceptions to the conflict of interest rule.
Lawyer can still represent both if:
L reasonably believes they can provide COMPETENT AND DILIGENT REPRESENTATION to both without an adverse effect AND
Representation not prohibited by law, AND,
CL not directly adverse, AND
Each CL gives INFORMED WRITTEN CONSENT
What is the rule of scope of representation?
A lawyer must abide by CL’s substantive decisions (those concerning the objectives of the representation) after the lawyer has consulted with CL.
True or false: In CA, a lawyer shall delay transmission of info to CL if the lawyer reasonably believes that CL would be likely to react in a way that may cause imminent harm to CL or others.
*troll face emoji*
How can a lawyer get specialized in field of law in CA?
Become certified by the Board of Legal Specialization or accredited by the CA State Bar
What are the exceptions to having a fee agreement in CA?
CL is a corporation
The agreement was made during an emergency,
CL waives the writing requirement in writing, OR
5. The services are for a previous CL with similar services in which the fee can be implied.
True or false: A client can waive any imputed disqualification with informed written consent.
True
pop quiz: what are the warrantless exceptions for the 4th amendment
SILA
Plain view doctrine
Automobile exception
Consent
Exigent circumstances
stop and frisk
List the exceptions to the duty of confidentiality
CL gives informed CONSENT
Disclosure is impliedly AUTHORIZED to represent CL
A lawyer reasonably believes disclosure is necessary to prevent reasonably certain DEATH or substantial bodily harm
To prevent CL from rectify a CRIME or fraud committed by CL that has resulted or is reasonably certain to result in substantial injury to the financial interests or property of another and CL is or has used lawyer’s services to do so,
COMPLY with a court order, ethics rules, or statute
Secure legal ADVICE about lawyer’s compliance with ethics rules
To establish a claim or DEFENSE on behalf of lawyer in a controversy between L & CL, or in defense of the conduct CL was involved in with lawyer’s services.
True or false: a lawyer cannot directly solicit their services
Lawyer may not conduct in-person or live telephone contact for professional employment when the motive is pecuniary gain unless the person contacted is:
A lawyer OR
Family, close personal, or prior professional relationship with a lawyer.
What should a fee agreement include?
How fee is calculated, the general nature of legal services, and responsibilities of L & CL.
What is the CA no risk limitation?
Even if there is NO SIGNIFICANT RISK that L’s representation of CL will be MATERIALLY LIMITED, L must provide WRITTEN DISCLOSURE OF RELATIONSHIP to CL and meet the ABA requirements IF:
L has or knows that another lawyer in L’s firm has a RELATIONSHIP OR Is RELATED to the other party/witness/another party’s L
What is the difference between duty of confidentality and attorney CL privilege
A-CL privilege is an evidentiary privilege
Name the difference between the duty of care ABA rule and the duty of diligence ABA rule
Care: Lawyer shall represent CL with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Diligence: Lawyer shall act with reasonable diligence and promptness in representing CL.
In CA, when does a lawyer HAVE to report another lawyer?
When the lawyer knows another lawyer committed:
Criminal act; or
Conduct involving dishonesty, fraud, deceit,...misrepresentation or misappropriate of funds or property that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer
How long must accounting payments be kept for?
In both CA and ABA: accounting payments must be kept for 5 years
True or false: when a higher authority of a corporation in CA refuses to act, a lawyer may report out if necessary to prevent injury to the org
False: this is the ABA rule. In CA, lawyer may not report out UNLESS necessary to prevent a criminal act likely to result in death/serious bodily harm but must:
URGE TO RECONSIDER or
WITHDRAW
What is the additional CA rule for mandatory withdrawl?
When L knows or reasonably should know that CL is bringing an action w/o probable cause or to harass or maliciously injure a person.
What is the ABA rule for a lawyer holding a CL's physical property?
Lawyer shall hold a CL’s or third-party’s physical property that is connected with lawyer’s representation: Separate from L’s own property,
In a safe place with a, Label identifying the property and Maintain a journal of the property.
What is the exception to the unauthorized practice of law
PRO HAC VICE: A lawyer admitted in another jurisdiction may provide legal services on a temporary basis if undertaken in association with a lawyer admitted in that jurisdiction
All fees must be reasonable considering what factors? (ABA RULE)
Time limitations
Experience/reputation/ability of L
Nature/length of relationship
Time, labor, novelty, difficulty
Fee customarily charged
Likelihood to preclude other employment
Amount involved/results obtained
Whether fee is fixed/contingent