General Considerations

Question 1

Sources of Law

Answer 1

ABA Model Rules of Professional Conduct

CA Rules of Professional Conduct

Question 2

Grounds for Discipline

Answer 2

-Criminal Acts reflecting on adversely on lawyer’s** honesty, trusworthiness, and fitness** as a lawyer

-Engaging in Conduct involved that involves fraud/dishonesty

-Actions that harm the Judicial System (CA must be towards judicial officals)

-Discriminating and Harassment related to Law Practice
(CA must be unlawful)

Question 3

Duties to Third Parties

Answer 3

• Candor
• Fairness
• Dignity/Decorum

Question 4

Implied Formation of C-L Relationship

Answer 4

consider the intent and conduct of the parties
Ex. L fails to clearly decline despite knowing person is reasonably relying on them to provide services

Question 5

Duties to Client

Answer 5

• competency
• loyalty
• financial responsibility
• confidentially
  Diligence

Question 6

Mandatory Withdrawal if:

Answer 6

Rep would result in violation of rules

Mental/Physical Condition substantially impairs ability to represent

Discharged

CA: Know’s Client’s action brought solely to harass

Question 7

Permissive Withdrawal ABA

Answer 7

Accomplished without material adverse effect on client and good cause such as:

reasonable belief being used for crime/fraud

Representation unreasonably difficult

Client fails to fulfill obligation

Client’s position repugnant to lawyer

Question 8

CA Permissive Withdrawal

Answer 8

-Allowed if Client consents (absent contrary court order)
-L’s mental/physical condition makes rep difficult
-Rep likely to violate PR Rules
-Client not filing in good faith

Question 9

Duty to Client on Withdrawal

Answer 9

-Reasonable Notice of Withdrawal to find another lawyer
-Surrender papers and property of client (client’s right to files)
-Refund fees not earned