Professional Responsibility

Question 1

When under the CA rules may you reveal confidential information without informed consent?

Answer 1

ONLY death or substantial bodily harm when the client is going to commit a criminal act (must first try to get the client to not do it)

Question 2

Screening: CA versus MR

Answer 2

CA only allows screening when the lawyer did not substantially participate in the same or substantially related matter. MR allows screening

Question 3

Screening procedures

Answer 3

Apportioned no part of the fee; client gets written notice; client gets screening procedures

Question 4

When can lawyer accept payment from third party (3)

Answer 4

Lawyer’s judgment is not interfered with; client gives informed consent (CA in writing); confidentiality preserved

Question 5

Duty of Fairness

Answer 5

must not suppress evidence you’re legally obligated to produce; offer to pay a witness for specific testimony; violate discovery rules; ex parts communications

Question 6

Diligence (different MR and CA)

Answer 6

MR: reasonable diligence and promptness. CA: mustn’t intentionally, recklessly, or with gross negligence

Question 7

Competence (different MR and CA)

Answer 7

MR: competent representation to a client, possessing the requisite knowledge, skill, thoroughness. CA: mustn’t intentionally, recklessly, repeatedly, gross negligence fail to perform legal services competently

Question 8

Threat to gain advantage

Answer 8

Mustn’t threaten to bring criminal, administrative, disciplinary charges to gain advantage in a civil dispute

Question 9

Duty to report: MR (3)

Answer 9

Actual knowledge of misconduct; concerning material matter of great importance; raising substantial question as to lawyer’s honesty and professional fitness

Question 10

Contingency fee requirements

Answer 10

In writing; signed by client; terms of calculating fees; includes expenses that client is liable for. CA: duplicate copy given to client, signed by lawyer and client.

Question 11

CA: flat fee requirements

Answer 11

In writing if over 1,000; basis and calculation of compensation; nature of legal services to be provided.

Question 12

CA: personal COI with relatives as lawyers

Answer 12

Written consent required if lawyer knows or has reason to know that other party’s lawyer is a relative, lives with lawyer, or intimate personal relationship

Question 13

Runners and cappers definition

Answer 13

Agents who monitor accidents to solicit business for lawyers. Criminally unlawful; contracts for such work are void.

Question 14

Duty of honesty

Answer 14

Cannot make false statement of material fact or law to a third party

Question 15

Duty to communicate

Answer 15

Regularly with the client, and must communicate all settlement or plea offers

Question 16

Fee Rule for Expert Witnesses

Answer 16

Must be reasonable