California Bar Exam: Professional Responsibility
What are the 7 major areas in Professional Responsibility? ️️Confidentiality
Loyalty
Finances
Competence
Candor
Fairness
Dignity
General rule for the duty of confidentiality to client? ️️An attorney can't reveal anything relat...
What are the 7 major areas in Professional Responsibility? ✔️✔️Confidentiality
Loyalty
Finances
Competence
Candor
Fairness
Dignity
General rule for the duty of confidentiality to client? ✔️✔️An attorney can't reveal anything related to
the representation of a client without consent.
When does the duty of confidentiality attach? ✔️✔️It 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? ✔️✔️1. 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"
✔️✔️If 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" ✔️✔️NONE!!!!
Distinguish Confidentiality from Attorney-Client privilege ✔️✔️Attorney 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 ✔️✔️Covers 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 ✔️✔️A 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? ✔️✔️The attorney and all members of the attorney's firm share
each other conflicts.
If there is a conflict, what rule applies? ✔️✔️The 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
When can an attorney enter into a business transaction with a client, or a business transaction adverse
to the client? ✔️✔️1. Terms must be fair
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