Professional Responsibility

Question 1

PROFESSIONAL RESPONSIBILITY

Duty of Competence

Answer 1

PROFESSIONAL RESPONSIBILITY

Duty of Competence

• COMPETENCE: possess the legal knowledge, skills, preparation, and thoroughness necessary to effectively represent the client
• CANNOT: take a case in an unfamiliar area of law unless gain competence by
  
  • associating with another lawyer reasonably believed to be competent
    OR
  • acquiring sufficient learning and skill
• EMERGENCY: MAY give advice or assistance without skill required where consultation with another lawyer would be impractical
• INCOMPETENCE:
  
  • discipline by the bar
  • disqualification from a litigation matter
  • malpractice lawsuit
• CA: only subject to discipline if intentional, reckless, gross negligence, or repeatedly fails to perform with competence
• CA: DUTY to keep abreast of changes in the law, relevant technology
• ABA: SHOULD keep abreast of changes in the law to maintain requisite knowledge and skill

Question 2

PROFESSIONAL RESPONSIBILITY

Duty of Confidentiality

Answer 2

Question 3

PROFESSIONAL RESPONSIBILITY

Duty of Candor to the Court

Answer 3

Question 4

PROFESSIONAL RESPONSIBILITY

Conflict of Interest: Duty of Loyalty

Answer 4

Question 5

PROFESSIONAL RESPONSIBILITY

Conflict of Interest: Current Clients

Answer 5

Question 6

PROFESSIONAL RESPONSIBILITY

Duty of Communication

Answer 6

Question 7

PROFESSIONAL RESPONSIBILITY

Duty of Diligence

Answer 7

Question 8

PROFESSIONAL RESPONSIBILITY

Mandatory Withdrawal

Answer 8

Question 9

PROFESSIONAL RESPONSIBILITY

Filing Frivolous Claims & Contentions

Answer 9

Question 10

PROFESSIONAL RESPONSIBILITY

Amount of Lawyer’s Fees

Answer 10

Question 11

PROFESSIONAL RESPONSIBILITY

Formation of Lawyer-Client Relationship

Answer 11

Question 12

PROFESSIONAL RESPONSIBILITY

Conflict of Interest: Former Clients

Answer 12

Question 13

PROFESSIONAL RESPONSIBILITY

Sharing Legal Fees with Non-Lawyers

Answer 13

Question 14

PROFESSIONAL RESPONSIBILITY

Permissive Withdrawal

Answer 14

Question 15

PROFESSIONAL RESPONSIBILITY

Contingency Fee Agreements

Answer 15

Question 16

PROFESSIONAL RESPONSIBILITY

Proper Scope of Lawyer-Client Relationship

Answer 16

Question 17

PROFESSIONAL RESPONSIBILITY

Solicitation of Clients

Answer 17

Question 18

PROFESSIONAL RESPONSIBILITY

Witness Perjury

Answer 18