DUTY TO CLIENT
* Duty of loyalty
* [related] Conflict of interest issues (POTENTIAL and ACTUAL conflict of interest) (Rzably believe can be loyal?...) ("right of fair representation by counsel")
* Duty of silence (e.g. confidentiality, always raise!)
* Duty to keep client informed
* Client's right to make decisions affecting substantial legal rights (as opposed to decisions on technical questions of strategy and procedure)
* Duty of competence (diligence to case, communicating w/ client)
* Duty of financial integrity
DUTY TO THIRD PARTIES
* Duty to opposing parties (re: discovery [civ pro?])
* Duty to accept representation
* Special duty of prosecutors (probable cause [4A?])
DUTY TO THE COURT
* Duty of candor
* Duty of honesty (e.g. frivolous claims [torts?])
* Duty to witnesses and jurors
DUTY TO THE PROFESSION
* Duty to avoid unauthorized practice of law
* Duty to avoid false or misleading advertisements
* Duty to not improperly solicit clients
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WHEN DISCUSSING A CLIENT'S RIGHTS AGAINST LAWYER...
make sure to address theories of malpractice liability:
breach of fiduciary duties
negligence
breach of contract |