Lawyer Client Relationship Issues Checklist

Question 1

L/C Relationship Issues Checklist

Answer 1

Duty of Loyalty
Duty to Communicate
Scope of Representation
Duty of Confidentiality
Attorney/Client Privilege
Fees
Duty of Competence and Care
Duty of Diligence
Duty to Safekeep Property
Withdrawal

“Lawyers communicate really carefully, promising full competence during settlement work”

Question 2

Professional Integrity Issues List

Answer 2

Advertising/Solicitation
Unauthorized practice of Law
Liability for another L’s conduct
Duty of Fairness
Reporting Ethical Violations
“LUDA Raps”

Question 3

Who is a prospective client?

Answer 3

A person who consults with L about the possibility of a C/L relationship with respect to a matter

Question 4

Duty of Diligence ABA

Answer 4

L shall act with reasonable diligence and promptness in representing a client

Question 5

Duty of Diligence CA

Answer 5

L shall not intentionally/recklessly/repeatedly fail to act with reasonable diligence in representing C.

Reasonable diligence means L
1. Acts with commitment and dedication to interests of C
2. Does not neglect or disregard a legal matter entrusted to L

Question 6

Scope of Representation

Answer 6

L decides legal strategy
C decides substantive decisions

Question 7

Duty of Loyalty general rule

Answer 7

A lawyer has a duty of loyalty to his client, which requires him to place the clients interests above all other interests and avoid conflicts of interest “COI”.

Question 8

When does a COI occur?

Answer 8

1. The representation of one C will be directly adverse to another C
   or
2. There is a significant risk the representation of C will be materially limited due to a personal interest of L, interests of another client, or interests of a third party

Question 9

ABA Rule: L can represent C despite COI if

Answer 9

1. Reasonable belief L can provide competent and diligent representation to each affected client
2. Each C gives informed consent confirmed in writing
3. Clients not asserting a claim against each other
4. Representation not prohibited by law

Question 10

CA Rule: L can represent C despite COI if

Answer 10

Same as ABA rule but also has specific exception if L has any relationship to a party or witness

Question 11

Sexual relations with client

Answer 11

L shall not have sexual relations with client unless relationship existed before the L/C relationship began

Question 12

Business Transactions with Clients

Answer 12

L shall not enter into a business transaction with C or knowingly acquire an interest that is adverse to C

EXCEPTION
1. Fair/reasonable
2. Terms disclosed in writing (CA: L’s ROLE must also be disclosed in writing)
3. C advised to seek outside counsel
4. Informed consent

Question 13

Lawyer and gifts

Answer 13

L shall not

• Solicit a substantial gift from C
• Draft a legal document for C that contains terms that gives L, or a family member of L, a substantial gift

EXCEPT: CA allows gift if C advised by independent lawyer AND certificate of independent review provided OR
Gift is fair + no undue influence

Question 14

Rule: L takes proprietary interest

Answer 14

L shall not acquire proprietary interest

Unless lien for fees or contingency in civil case

Question 15

ABA: Competence

Answer 15

L shall represent C with legal knowledge, skill, thoroughness and preparation reasonably necessary for representation

Question 16

ABA: If L does not have sufficient knowledge, L may still competently represent C if

Answer 16

1. L associates or consults with another competent L
2. L acquires necessary skills to become competent before performance is due
3. L refers matter to a competent L

OR IN AN EMERGENCY

Question 17

CA: Competence

Answer 17

L must not intentionally/recklessly/re[eatedly fail to provide legal services

L’s duty to be competent applies to:
1. Learning skill
2. Mental, emotional and physical ability

Question 18

L represents new C to detriment of Former C

Answer 18

L shall not represent a new C in the same or substantially related matter in which the new C’s inerests are materially adverse to the interests of a former C

Exception: Informed consent, in writing

Question 19

COI: Imputed Firm Disqualification

Answer 19

GR: A conflict for one L is imputed to all other attorneys in the firm, which prevents the other attorneys from representing the client.

Except
- The original conflict is based on a personal interest of L and does not present a significant risk of materially limiting the representation by other attorneys

OR

1. The conflict is based on a firmer C at prior firm
2. The disqualified lawyer is likely screened
3. C provided written notice and certification of compliance

CA EXTRA REQUIREMENT: Prohibited L did not substantially participate in the same or substantially same matter

Question 20

What is the rule for when L leaves the firm?

Answer 20

The firm is allowed to later represent a person with interests materially adverse to those of a C represented by lawyer and not currently represented by the firm

EXCEPT: Matter is the same or substantially the same AND any L remaining in the firm has confidential info material to the matter

Question 21

Can a client waive disqualification by imputation?

Answer 21

Yes, C can waive with informed written consent

Question 22

When must a lawyer report misconduct to a higher authority when there is a COI with a corporation client?

Answer 22

If L knows (CA reasonably knows) that an officer/ee with the org has intent or is actually engaged in action that is a violation of a legal obligation or law that is imputable to the organization, the L shall report UP

EXCEPTION
L does not have to report up if L reasonably believes in best interest of the organization to do so

Question 23

COI: L represents corporation/organization
IF HIGHER AUTHORITY FAILS TO ACT AFTER REPORTING UP L CAN…..

Answer 23

If HIGHEST authority fails to act and L reasonablly believes the violation will result in substantial injury to the org, then (ABA only) L may report out, even if confidential if necessary to prevent injury to the organization

CA EXCEPTION:
Under CA, L may not report out if it will violate duty of confidentiality. L should instead

1. Urge reconsideration
2. Withdraw
   (In CA L may only report out if necessary to prevent a criminal act likely to result in death or SBH)

Question 24

A/C Privilege

Answer 24

Protects
1. Confidential communication
2. Made during an A/C relationship

Privilege belongs to C only and applies even after death
(CA: Until C died and the estate is fully distributed)
The privilege may be used in both civil and criminal cases. C must have intende for the communication to be confidential, and the communication must have been with reg

HAS EXCEPTIONS SEE OTHER CARD

Question 25

Exceptions to A/C Privilege

Answer 25

1. Crime fraud exception: L’s representation aiding in crime/fraud
2. Both parties once represented by same L now suing each other
3. Malpractice suit
4. Waiver

CA Exception: Privilege waived when L reasonably believes disclosure is necessary to prevent a crime likely to result in death or SBH

Question 26

ABA: Confidentiality

Answer 26

L shall not reveal information relating to representation of C.

EXCEPTIONS (Cats And Dogs Can Cuddle And Dream)

a. Informed Consent
b. Impliedly authorized
c. L Reasonably believes necessary to prevent Death or SBH
d. To prevent Crime or Fraud or to mitigate crime or fraud reasonably certain to result in substantial injury to the financial interests or property of another and C used L services to do so
e. Comply with court order
f. Secure Legal Advice
g. Establish claim or Defense on behalf of L in malpractice case

Question 27

CA: Confidentiality

Answer 27

L shall not reveal information relating to the representation of a C.

EXCEPT MAY REVEAL IF
a. Informed Consent
b, Necessary to prevent crime that would cause death or SBH (But only if 1. L first makes good faith effort to dissuade C, 2. informs C of L’s ability to reveal,and 3. Reveals only as much info as necessary

Question 28

CA: Confidentiality

Answer 28

L shall not reveal information relating to the representation of a C.

EXCEPT MAY REVEAL IF
a. Informed Consent

b, Necessary to prevent crime that would cause death or SBH (But only if 1. L first makes good faith effort to dissuade C, 2. informs C of L’s ability to reveal,and 3. Reveals only as much info as necessary)

c. To the establish claim or defense

d. Comply with court order