Essay Answers

Question 1

Duty of Diligence

Answer 1

Under ABA Model Rules and California law, should act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client’s behalf. However, a lawyer is not bound to press for every advantage that might be realized for a client.

Question 2

Under ABA Model Rules and California law, should act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client’s behalf. However, a lawyer is not bound to press for every advantage that might be realized for a client.

Answer 2

Duty of Diligence

Question 3

Duty of Candor to Tribunal - CA

Answer 3

In California, in presenting a matter to a tribunal, a lawyer shall:
(1) employ, for the purpose of maintaining the causes confided to the lawyer, such means only as are consistent with truth,
(2) not seek to mislead the judge, judicial officer, or jury by a false statement of fact or law,
(3) not intentionally misquote to a tribunal the language of a book, statute, or decision,
(4) not, knowing its invalidity, cite as authority a decision that has been overruled or a statute that has been repealed or declared unconstitutional, and
(5) not assert personal knowledge of the facts at issue, except when testifying as a witness.

Question 4

Supervising Subordinates

Answer 4

Under ABA and California law, partners and supervising attorneys must ensure non-lawyers employed or retained by, or associated with, the lawyer or law firm conduct themselves in a manner compatible with the rules of professional responsibility.
A lawyer is responsible for overseeing the work of non-lawyer assistants, and is subject to discipline, if the lawyer orders or ratifies wrongdoing.

Question 5

Under ___ Model Rules, a lawyer must withdraw from representation, and is subject to discipline if failure to do so would result in violating ethics rules or other law.

Answer 5

ABA

Question 6

Under ___ Model Rules, a lawyer is required to withdraw when physical or mental condition materially impairs the ability to represent the client.

Answer 6

ABA

Question 7

In California, the lawyer must withdraw if:
(1) s/he knows or should know continued employment will violate California rules of professional responsibility,
(2) the lawyer’s mental or physical condition renders it unreasonably difficult to carry out employment effectively, and
(3) a lawyer knows or should know a client is asserting a claim or defense ______.

Answer 7

without probable cause and for the purpose of harassing or maliciously injuring any person

Question 8

In California and under ABA Model Rules, a lawyer must not generally reveal any information relating to the _____.

Answer 8

representation of a client

Question 9

Temporary Restraining Order

Answer 9

A temporary restraining order (TRO) is an injunction for a short time to preserve the status quo until a preliminary injunction hearing.
The plaintiff must establish:
(1) irreparable harm and
(2) likelihood of success in a preliminary injunction.

Question 10

To show irreparable harm if an injunction is not issued, the plaintiff establishes:

Answer 10

1) inadequate legal remedy,
(2) feasible enforcement, and
(3) preservation of the status quo as a primary concern.

Question 11

Legal (monetary) damages are inadequate if:

Answer 11

1) they are speculative,
(2) defendant is insolvent,
(3) multiple suits are necessary, or
(4) the thing bargained for is unique