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Christin Hill Bar Review

PROFESSIONAL RESPONSIBILITY
Method: (1) identify the duty; (2) identify the breach; (3) identify what the lawyer should have done.
I. DUTIES TO THE CLIENT
A. The duty of loyalty: The atty must exercise her rofessional !ud"ment solely for the benefit of the
client# free of comromisin" influences and loyalties.
i. Concurrent Conflicts: $n atty must not reresent two clients with conflictin" interests
unless: the atty reasonably believes she can reresent everyone effectively desite the
conflict $%& each client consents in writin" after consultation (potential v. actual conflict).
ii. Conflicts between lawyer and client:
1. $tty may enter into business with a client only if: (1) the terms are fair to the client
(2) fully disclosed in understandable writin"# (3) oortunity to consult an outside
lawyer;(') client consents in writin".
2. Loans: ($ ) may loan money to your client in all matters as lon" as there is a
written *.+.,. $-$ ) no financial assistance for clients unless indi"ent client.
3. $tty must not solicit a substantial gift from a client.
'. But# may accept a "ift which meets "eneral standards of fairness.
iii. Conflicts due to third party interference: $tty.s sole duty is to her client# not any 3
rd
arty
1. $tty must not accet compensation from a 3
rd
P if it interferes w/ reresentation.
a. %ote: in ($# insured and insurance co. are !oint clients. Must see that
neither arty is disadvanta"ed by the common reresentation. *f conflict#
inform the insured and invite him to retain searate counsel.
2. Corp. as client: lawyer must act to rotect the interests of the cor.
3. SOX: 0here in1house counsel discovers a co. officer has violated securities laws:
(1) 2ou must reort the matter to the (3+ or chief le"al counsel; (2) *f they do not
resond# you must "o to -oard; (3) *f reasonably necessary to revent fraud or
substantial in!ury to the or". you may disclose to 43( w/out client consent.
B. Duty of confdentalty: The atty may not reveal anythin" related to the reresentation of a client
without her consent. Eceptions: (onsent# death/substantial bodily in!ury# to est. claim or defense
C. Duty of co!"etence: must use the le"al 5nowled"e# s5ill# thorou"hness and rearation
reasonably necessary for the reresentation.
D. Duty of dl#ence. Must dili"ently# romtly# and 6ealously ursue your case to comletion.
E. Duty of co!!uncaton: 2ou must 5ee your client informed about the case# includin" settlement
offers# and returnin" hone calls. Must furnish all information necessary to allow the client to ma5e
intelli"ent decisions in the case. (lient must ma5e the 5ey decisions that affect substantial ri"hts.
F. Duty of fnancal nte#$ty
i. $n atty.s fees should not be unreasonable ($-$) / unconscionably high (($)
ii. $n atty has a duty not to ma5e fee a"reements that could curtail ser!ice in the middle of
the relationshi. May withdraw for refusal to ay as lon" as it would not materially harm the
client# and 7 ta5es reasonable stes to rotect client.s interest.
iii. Contingent fee agreements are ermitted# but the a"reement must be in writin"# and must
not be unconscionably hi"h (remember content re8uirements: 9# exenses# before or after)
iv. ($ allows referral fees so lon" as the total fee is not unconscionable and not increased
due to the slit. $-$ rohibits referral fees.
v. "uty to safeguard your client#s property by labelin" and storin" it in a safe lace.
1. Money held for the client must be laced in a client trust account.
2. &uty to 5ee "ood records for your client (: years in ($)# to render accountin"s#
notify him of money received on his behalf# and ay romtly money due to him.
%. Duty to &thd$a&al f$o! $e"$e'entaton if: (1) the client fires you; (2) continued reresentation
would violate a law or ethical rule (mandatory); (3) you convince the court there is good cause# or if
it.s $%&' (ermissive).
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Christin Hill Bar Review
II. DUTIES TO THE COURT ( OPPOSIN% COUNSEL
A. Duty of Cando$
i. &uty to resent facts and evidence truthfully
ii. $ lawyer must not 5nowin"ly facilitate client per(ury.
iii. $ lawyer must not falsify e!idence.
B. Duty to 'tate the la& t$uthfully ) ;nowin"ly ma5in" false statements of law to the court is sub!ect
to disciline. 2ou have an obli"ation to be candid about the law# and a duty to cite adverse authority
it it.s from a controllin" !x. and directly on oint.
C. Duty to u"hold the la&
i. &uty to revent your client from causin" death or serious in!ury (ermissive)
ii. %o duty to reveal a client.s fraud or crimes causin" financial loss ((al. rohibits this)
D. Duty of fa$ne'' to o""o'n# coun'el
i. "uty to produce e!idence ) $ lawyer must not unlawfully alter# destroy or conceal
evidence. <lus# it.s a crime to destroy or conceal evidence.
1. &uty not to obstruct access to or tamper with evidence
2. &uty to turn over incriminating e!idence to the roer authorities.
3. "raw a line between hysical evidence and confidential information.
ii. Must not lie or mislead your interests
iii. Must not communicate w/ a arty you 5now is reresented w/out consent of his counsel
E. Duty to "$e'e$)e the !"a$talty and deco$u! of the t$*unal
i. Must not tal5 to any rosective or emanelled !uror
ii. %o chicanery ) referrin" to inadmissible material# alludin" to matters unsuorted by the
evidence# assertin" ersonal 5nowled"e of facts at issue.
iii. =efrain from abusive or obstreerous conduct# belli"erence# or theatrics.
iv. &uty not to file fri!olous claims ) cross1over w/ torts ) abuse of rocess# malicious ros.
F. Duty to e+"edte ca'e'
i. ($: must not delay cases to harass an adversary for ersonal "ain/convenience
ii. $-$: affirmative duty to exedite cases.
%. S"ecal Dute' of P$o'ecuto$'
III. DUTY TO THE PROFESSION
A. Duty to a)od unautho$,ed "$actce of la&: (annot assist non1lawyers in the ractice of law )
anythin" that calls for the rofessional !ud"ment of a lawyer.
B. Duty to $e"o$t !'conduct
i. ($: %o duty to reort another.s violation# but duty to self)report. <lus# duty to do
somethin" to revent a fellow firm member.s violation if you 5now about it.
ii. $-$: duty to reort another.s violation if it raises a substantial *uestion as to that erson.s
honesty.
C. Duty to a)od fal'e o$ !'leadn# ad)e$t'e!ent'. The 1
st
$m allows the "ov to re"ulate
commercial seech which is misleadin"# decetive or untruthful.
D. Duty to not !"$o"e$ly 'olct clent' . $n attorney may not see5 rofessional emloyment for
ecuniary "ain by initiatin" a live or telehone contact with a rosective client with whom the
lawyer has no rior rofessional relationshi.
i. $ lawyer may send rosective clients targeted letters if they are facin" a secific le"al
roblem# as lon" as they are truthful and non1decetive. *f see5in" fee# must (1) clearly
label >advertisin" material#? (2) identify a lawyer who is resonsible# (3) 5ee for 2 years
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