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California Bar Review - Professional Responsibility
California Bar Review - Professional Responsibility
4
Law
Professional
07/14/2009

Additional Law Flashcards

 


 

Cards

Term

[ATTACK PLAN FOR PROFESSIONAL RESPONSIBILITY]

 

List the various duties under Professional Responsibility.

Definition

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

Term
3 of my own guidelines for Professional Responsibility essays?
Definition

1. "Err on the side of being ethical"! List EVERY Potential breach

2. Be VERY detailed with the facts, and precisely when violations occur

3. Volunteer info a/b what attorney SHOULD do

Term
Some joint client situations that are acceptable under the ABA Model Rules and California rules?
Definition
1. Insurance company and insured - represent both in CA (other Jx vary, may say the insurer, or the insured)
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