Professional Responsibility (AI)

Question 1

What must a lawyer do before entering into a business transaction with a client?

Answer 1

Fully disclose the terms in writing, ensure they are fair and reasonable, advise the client to seek independent counsel, and obtain informed written consent.

Refer to MR 1.8(a); CA RPC Rule 1.8.1 for specific guidelines.

Question 2

What types of transactions are exempt from the rule regarding business transactions with clients?

Answer 2

Standard commercial transactions for products or services that the client generally markets to others, such as:
* Banking or brokerage services
* Medical services
* Products manufactured or distributed by the client
* Utilities’ services

These exemptions apply as long as the transactions are standard commercial practices.

Question 3

Under the Model Rules, when is a lawyer prohibited from negotiating for literary or media rights?

Answer 3

Prior to the conclusion of the representation of a client.

This prohibition is outlined in MR 1.8(d).

Question 4

Can a lawyer agree to a fee consisting of a share in ownership of literary property?

Answer 4

Yes, if the arrangement does not result in an unreasonable fee and complies with the rules regarding business transactions with a client.

This is permissible under the Model Rules.

Question 5

Does California have a specific ethics rule prohibiting negotiating for literary or media rights?

Answer 5

No, but CA RPC Rule 1.8.1 regarding business transactions with clients applies.

In criminal cases, conflicts of interest can be managed with informed written consent from the client.

Question 6

What is the rule regarding soliciting gifts from clients?

Answer 6

A lawyer may not solicit or prepare an instrument for a substantial gift unless related to the client.

Related persons include those with a close familial relationship, as per MR 1.8(c).

Question 7

What are the conditions under which a lawyer in California can prepare an instrument for a substantial gift to themselves?

Answer 7

If the lawyer is related to the client or if the client has been advised by an independent lawyer.

This aligns with CA RPC Rule 1.8.3.

Question 8

Can a lawyer accept an unsolicited gift from a client?

Answer 8

Yes, if the transaction meets general standards of fairness.

Gifts given as tokens of appreciation are generally acceptable, but substantial gifts may be voidable.

Question 9

What is the rule regarding a lawyer’s promise to limit malpractice recovery in California?

Answer 9

A lawyer is prohibited from making such an agreement with a client.

This is stated in CA RPC Rule 1.8.8(a).

Question 10

Under what condition can the Model Rules allow a lawyer to limit malpractice liability?

Answer 10

If the client is represented by another independent lawyer in making the agreement.

This is contrary to California’s stricter prohibition.

Question 11

What do both the Model Rules and CA RPC permit regarding settlement of legal malpractice claims?

Answer 11

Settlement with an unrepresented client or former client, provided the client is informed in writing about retaining new counsel.

This is outlined in MR 1.8(h)(2); CA RPC Rule 1.8.8(b).

Question 12

What authority does the client have regarding legal representation?

Answer 12

The client has the ultimate authority to determine the purposes of legal representation within the limits of the law and the lawyer’s professional obligations.

This is outlined in MR 1.2 and CA RPC Rule 1.2.

Question 13

Who decides the objectives of legal representation?

Answer 13

The client determines the objectives of the representation.

The lawyer must abide by these decisions while determining the means to achieve them.

Question 14

What can a client negotiate with their lawyer?

Answer 14

A client can negotiate the scope of representation, including:
* Duration
* Subject matter

Examples include limiting representation to specific aspects like tax issues in a real estate transaction.

Question 15

True or False: A client has a constitutional right to compel their lawyer to assert certain issues.

Answer 15

False.

A lawyer may decide not to press issues based on their professional judgment (Jones v. Barnes, 463 U.S. 745 (1983)).

Question 16

Who must communicate offers of settlement to the client?

Answer 16

The lawyer must communicate offers of settlement to the client.

The final decision to accept any offer rests with the client.

Question 17

What happens if a lawyer agrees to a settlement without client consent?

Answer 17

The lawyer is subject to discipline, but the opposing party may enforce the agreement if the lawyer acted with apparent authority.

Question 18

Who decides whether a client will testify in a criminal case?

Answer 18

The decision belongs to the client.

This is stated in MR 1.2(a) and CA RPC Rule 1.2(a).

Question 19

Fill in the blank: Waiving the right to a jury trial is exclusively the _______ decision.

Answer 19

[client’s]

Question 20

What authority does a lawyer have regarding procedural tactics?

Answer 20

The lawyer has the authority to make most decisions related to strategy and methods for achieving the client’s goals.

This includes cross-examination and choosing a theory of the case.

Question 21

Can a lawyer limit the objectives of representation?

Answer 21

Yes, if the limitation is reasonable, not prohibited by law, and the client provides informed consent.

This is outlined in MR 1.2(c) and CA RPC Rule 1.2(b).

Question 22

What must a lawyer maintain when representing a client with diminished capacity?

Answer 22

An ordinary lawyer-client relationship.

This is stated in MR 1.14(a).

Question 23

What protective action can a lawyer take for a client with diminished capacity?

Answer 23

The lawyer may take reasonably necessary protective action, including:
* Consulting with empowered individuals or entities
* Seeking appointment of a guardian

This is applicable when the client is at risk of substantial harm.

Question 24

When can a lawyer reveal confidential information about a client under disability?

Answer 24

When taking protective action, including seeking the appointment of a guardian, but only to the extent necessary to protect the client’s interests.

Question 25

In emergency situations, what legal actions can a lawyer take on behalf of a person with diminished capacity?

Answer 25

A lawyer may take legal action if the person's health, safety, or financial interests are threatened with imminent harm. ## Footnote The lawyer must reasonably believe that the person has no lawyer or representative available.

Question 26

What is a lawyer prohibited from counseling regarding client conduct?

Answer 26

A lawyer is prohibited from counseling or assisting in conduct known to be criminal or fraudulent. ## Footnote In California, this also includes violations of laws or tribunal rulings.

Question 27

What must a lawyer do if a client's course of action is already ongoing and criminal?

Answer 27

The lawyer must avoid assisting the client and may need to withdraw from representation. ## Footnote In some cases, the lawyer may need to publicly disaffirm any previous opinions provided.

Question 28

What must a lawyer in California not do regarding litigation?

Answer 28

A lawyer must not: * Bring or continue an action without probable cause for the purpose of harassment * Present a claim not warranted under existing law without a good-faith argument for change ## Footnote This is outlined in CA RPC Rule 3.1(a) and MR 3.1.

Question 29

What is the duty of an attorney when withdrawing from representation?

Answer 29

To mitigate any adverse impact upon the client. ## Footnote This duty emphasizes the importance of minimizing harm to the client during withdrawal.

Question 30

What is mandatory withdrawal according to the Model Rules?

Answer 30

A lawyer must withdraw from representation if failure to do so would result in violating ethics rules or other law. ## Footnote Refer to MR 1.16(a)(1) for specific guidelines.

Question 31

Under what condition must a lawyer withdraw if the client suggests a course of conduct that violates ethics rules?

Answer 31

Only if the client demands such conduct. ## Footnote This distinction is crucial for ethical practice.

Question 32

What triggers mandatory withdrawal under the CA RPC?

Answer 32

If a lawyer knows or reasonably should know the representation would result in a violation of the CA RPC or the SBA. ## Footnote See CA RPC Rule 1.16(a)(2) for details.

Question 33

When must a lawyer withdraw due to their own health issues?

Answer 33

When their physical or mental condition materially impairs their ability to represent the client. ## Footnote This is outlined in MR 1.16(a)(2).

Question 34

What must a lawyer do if they know a client is acting in bad faith?

Answer 34

Withdraw from representation if the client is asserting a claim without probable cause for harassment. ## Footnote Refer to CA RPC Rule 1.16(a)(1) for specifics.

Question 35

Does a client have the right to discharge their lawyer?

Answer 35

Yes, a client has an absolute right to discharge a lawyer for any reason. ## Footnote This right is subject to certain conditions regarding ongoing representation.

Question 36

What must a lawyer do upon being discharged by a client?

Answer 36

Withdraw from the representation unless ordered by the court to continue. ## Footnote The lawyer may recover fees due for their work.

Question 37

What is permissive withdrawal?

Answer 37

A lawyer may withdraw if they can do so without materially harming the client. ## Footnote This principle is stated in MR 1.16(b)(1).

Question 38

Under the Model Rules, when can a lawyer withdraw even if it harms the client?

Answer 38

When the client persists in a criminal or fraudulent course of action, among other reasons. ## Footnote Specific scenarios are listed in MR 1.16(b).

Question 39

What is one scenario under California law that allows for withdrawal?

Answer 39

If the client insists on a claim not warranted under existing law. ## Footnote This is detailed in CA RPC Rule 1.16(b).

Question 40

What procedural requirement must a lawyer fulfill before withdrawing?

Answer 40

Give the client reasonable notice to obtain new representation. ## Footnote This is mandated by MR 1.16(d) and CA RPC Rule 1.16(d).

Question 41

What must a lawyer obtain if permission for termination is required by tribunal rules?

Answer 41

Court approval before terminating representation. ## Footnote Refer to CA RPC Rule 1.16(c) and MR 1.16(c).

Question 42

What duty does a lawyer have upon termination of representation?

Answer 42

To take reasonable measures to minimize harm to the client. ## Footnote This includes returning client papers and property.

Question 43

What must a lawyer return to the client upon termination?

Answer 43

All papers and property to which the client is entitled. ## Footnote This is outlined in MR 1.16(d) and CA RPC Rule 1.16(e)(1).

Question 44

What is required regarding fees upon termination of representation?

Answer 44

The lawyer must refund any unearned part of a fee paid in advance. ## Footnote This does not apply to true retainer fees.

Question 45

What happens to a lawyer's entitlement to fees upon client discharge?

Answer 45

The lawyer is entitled to fees already earned but not yet paid. ## Footnote This is governed by MR 1.16(d).

Question 46

How are fixed or hourly fees addressed upon termination?

Answer 46

The lawyer can recover in quantum meruit for services rendered. ## Footnote A cap on recovery may apply.

Question 47

How are contingent fees calculated in California?

Answer 47

Based on the reasonable value of services. ## Footnote This is a standard practice for contingent fee arrangements.