Misc. Duties to Clients Flashcards
ABA Duty of Competency
Acting with legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation
CAL Duty of Competence
Act with knowledge, skill, thoroughness as well as with mental physical and emotional ability
L Concern as to Competence
Either (1) learn issue, or (2) consult with competent L *absent emergency situation *
Duty of Diligence ABA vs. CA
ABA: Reasonable diligence and promptness
CAL: Duty to not act with intentional, reckless, repeated, or grossly negligence lack of diligence
Duty to Communicate
L must:
1. Explain Matters to allow C to make informed decision
2. Promptly inform Clients of all significant developments
3. Promptly Respond to Client (CA okay to delay if to prevent harm to another)
4. CA:: Must disclose lack of liability insurance if >4 hours service
Duty to Communicate
L must:
1. Explain Matters to allow C to make informed decision
2. Promptly inform Clients of all significant developments
3. Promptly Respond to Client (CA okay to delay if to prevent harm to another)
4. CA:: Must disclose lack of liability insurance if >4 hours service
Decisionmaking Roles of L and Client
L decides legal strategy
C decides substantive issues absent clear and specific authorization:
1. Pleas
2. Offers
3. Settlements
4. Jury Trial Issues
Safekeeping Money
Place into Client Trust Account Seperate from Firm’s Operating
Account for 5 years
Do not take out until earned
Interest goes to client (or pooled in IOLTA account to earn interest)
Safekeeping Advanced Payments
ABA: Keep in Client Trust Account and Withdraw as Earned
CA: May keep in operating acct. if client consents in writing and is givne notice of rights
Safekeeping Physical Property
- Keep in Safe Place
2.Identify and Label
3.Promptly notify C
4.Promptly Deliver - Keep Records for 5 Years
