What are the 7 major areas in Professional Responsibility? - correct answerConfidentiality
Loyalty
Finances
Competence
Candor
Fairness
Dignity
General rule for the duty of confidentiality to client? - correct answerAn attorney can't reveal anything related to the representation of a clie...
What are the 7 major areas in Professional Responsibility? - correct answerConfidentiality
Loyalty
Finances
Competence
Candor
Fairness
Dignity
General rule for the duty of confidentiality to client? - correct answerAn attorney can't reveal anything
related to the representation of a client without consent.
When does the duty of confidentiality attach? - correct answerIt can attach before a lawyer-client
relationship exists, so long as the potential client believes a relationship exists.
What are the four major exceptions to the duty of confidentiality? - correct answer1. Consent from the
client
2. Necessary to establish a lawyer's claim or defense (fee dispute, malpractice)
3. May reveal to prevent an act lawyer reasonably believes necessary to prevent crime likely to result in
death or substantial bodily harm.
4. If client used or is using attorney services to commit a crime and disclosure would prevent or mitigate
substantial financial loss.
, CA exception to "may reveal info to prevent an act believed necessary to prevent death or bodily harm"
- correct answerIf reasonable, attorney must first make good faith effort to persuade the client not to
commit the act. Then inform client of decision to reveal confidences.
CA exception to "prevent substantial financial loss" - correct answerNONE!!!!
Distinguish Confidentiality from Attorney-Client privilege - correct answerAttorney client is included in
the broader category of the duty of confidentiality. This allows the attorney to refuse to produce
evidence or testify about confidential communications related to the representation from client or
agents to the attorney.
General rule of Duty of Loyalty - correct answerCovers conflict of interest. If an interest of the attorney,
another client, or a third party materially limits or is adverse to loyal representation, the attorney has a
conflict of interest.
Potential v. Actual Conflict - correct answerA potential conflict is one that has the possibility of occurring
in the future.
An actual conflict is one that actual is occurring at time of representation.
What is an imputed disqualification? - correct answerThe attorney and all members of the attorney's
firm share each other conflicts.
If there is a conflict, what rule applies? - correct answerThe attorney must not take on representation
unless:
1. Attorney objectively and reasonably believe he can represent everyone effectively despite potential
and actual conflict; AND
2. Inform each affected client (which could raise confidentiality issues; AND
3. Client consents, confirmed in writing
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