Professional Responsibility

Question 1

Exceptions to Duty of Confidentiality

Answer 1

1. Disclosure with consent or implied authority,
2. Disclosure reasonably certain to prevent death or serious bodily harm,
3. Disclosure to prevent or rectify a crime/fraud that’s likely to result in substantial financial loss (ABA only)
4. Disclosure required by court order
5. Disclosure to obtain legal ethics advice (ABA only)

Question 2

Grounds for Mandatory Withdrawal

Answer 2

An attorney must withdraw from representation if:

1. continuing representation would result in a violation of the rules of professional conduct or another law, or
2. the lawyer’s mental or physical inability substantially impairs their ability to adequately represent the client,
3. the client fires them, or
4. (cal. only) - representation involves on assertion of a claim/defense that lacks probable cause and is asserted to harass or injure someone.

Question 3

Communications with Unrepresented Parties

Answer 3

Rule: when a person is not represented by counsel (or if the person is represented by counsel, but the lawyer has no reason to know that), a lawyer may communicate with the person about the matter so long as:

1. The lawyer does not state or imply they are disinterested,
2. If the unrepresented person misunderstands the lawyer’s role, the lawyer must correct that misunderstanding, and
3. If the person’s interests conflict with the client’s interest, the lawyer may not give any legal advice (other than advise the person to get a lawyer).

Question 4

Duty Not to Communicate with Represented Third Parties

Answer 4

A lawyer may not directly communicate with other parties to a client’s case if they know or reasonably should know that party is represented by counsel without the consent of their counsel unless authorized by court

CA: consent is required for interviews with officer/director/managing agents of corporations.

Question 5

Codicil

Answer 5

A codicil must be executed under the same formalities as a will or holographic will.

Question 6

Third-Party Payment of Legal Fees

Answer 6

A third-party may pay the legal fees of a lawyer’s client if:

1. The payment arrangement does not interfere with the attorney’s duty of confidentiality owed to the client,
2. The arrangement will not interfere with the lawyer’s professional judgment,
3. The client gives informed written consent to the arrangment.