Professional Responsibility in Law
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Questions and Answers

Under the CA Rules of Professional Conduct, what is the primary exception to the Duty of Confidentiality listed?

  • When needed to defend against a malpractice suit or to recover fees (correct)
  • To prevent substantial injury to the organization
  • When compelled by law or court order
  • To prevent death or substantial bodily harm

    • Under ABA rules, a lawyer is permitted to disclose information to an outside source if it is necessary to prevent substantial injury to an organization after reporting to higher authorities within the organization.

    True (A)

    What is the general rule in CA regarding reporting an organization's violation of law or legal obligation to an outside source?

    CA generally does not allow reporting to an outside source, a lawyer only has the right to withdraw from the representation.

    A lawyer must make reasonable efforts to prevent the inadvertent or unauthorized disclosure of _______________.

    <p>confidential information</p> Signup and view all the answers

    Match the scenario with the lawyer's duty:

    <p>Client organization violates the law, and will substantially injure the org = May refer to higher authorities within the organization Duty of confidentiality exception in CA = Needed in a malpractice action or to recover fees Inadvertently receives client ESI = Must promptly notify the sender Duty of confidentiality exception in CA regarding outside reporting = Prevent death or substantial bodily harm to a person</p> Signup and view all the answers

    What action is a lawyer in CA allowed to take when an organization that they represent is violating the law (and that violation would cause substantial injury), after they have reported it to higher authorities?

    <p>Withdraw from representation of the organization. (B)</p> Signup and view all the answers

    Under the ABA rules, if a lawyer inadvertently receives a confidential document, they are not required to take any action.

    <p>False (B)</p> Signup and view all the answers

    In what specific circumstances is outside reporting by a lawyer allowed in CA when dealing with an organization's legal violations?

    <p>When it’s necessary to prevent death or substantial bodily harm to a person.</p> Signup and view all the answers

    Under the ABA rules, when might a lawyer NOT be required to report a known violation of law to the highest authority within an organization?

    <p>When the lawyer was hired by the organization to investigate an alleged violation of law. (D)</p> Signup and view all the answers

    In California, if a lawyer's client insists on pursuing a claim without probable cause, the lawyer may continue with representation if they believe it is in the client's best interest.

    <p>False (B)</p> Signup and view all the answers

    What are the three general situations under which a lawyer must withdraw from representing a client?

    <p>The lawyer must withdraw if they are discharged, if a physical or mental condition materially impairs their representation or makes representation unreasonably difficult, or if the representation will result in a violation of an ethics rule or other law.</p> Signup and view all the answers

    In California, a lawyer MUST withdraw if they know or should know that the client's action is for the purpose of harassing or maliciously injuring a ______.

    <p>person</p> Signup and view all the answers

    According to California rules, what action should a lawyer take if the highest authority within an organization refuses to address a violation of law?

    <p>Continue to act in the best lawful interests of the organization or resign. (D)</p> Signup and view all the answers

    A lawyer is always required to withdraw from representing a client, if the client discharges them.

    <p>True (A)</p> Signup and view all the answers

    What is the difference between the ABA standards and California rules regarding a lawyer's physical or mental condition necessitating withdrawal?

    <p>California requires any condition that makes representation unreasonably difficult, while the ABA rules requires a condition that materially impairs the representation. (D)</p> Signup and view all the answers

    Match the following scenarios with the correct required action from a lawyer:

    <p>Client discharges lawyer = Mandatory withdrawal Lawyer's physical condition makes representation unreasonably difficult = Mandatory withdrawal Representing client would violate ethics rule = Mandatory withdrawal Highest authority refuses to address violation under CA rules = Continue to act in the best lawful interest of the organization or resign</p> Signup and view all the answers

    What is a lawyer's obligation when they discover they have presented false evidence?

    <p>They must take reasonable remedial measures, including disclosure to the tribunal if necessary. (C)</p> Signup and view all the answers

    In California, a lawyer can disclose client confidential information even without client consent if it is needed to correct false material evidence.

    <p>False (B)</p> Signup and view all the answers

    What is the first step a lawyer should take when their criminal defendant client intends to give false testimony?

    <p>Persuade the client not to offer the false evidence.</p> Signup and view all the answers

    A lawyer can NOT call a witness that he knows will commit ________.

    <p>perjury</p> Signup and view all the answers

    Match the lawyer's actions with the situations that may arise:

    <p>Reasonable Remedial Measures = Discovering false evidence or witness perjury Withdraw from Case = Persuading a client to not give false testimony is ineffective Disclosure to Tribunal = Needed if reasonable remedial measures are required</p> Signup and view all the answers

    What is an exception to a lawyer's ability to refuse to offer evidence they reasonably believe to be false?

    <p>The testimony of a criminal defendant. (A)</p> Signup and view all the answers

    A lawyer's knowledge that evidence is false can only come from a direct admission by the client.

    <p>False (B)</p> Signup and view all the answers

    What is the second action, after attempting to persuade their client, a lawyer should do when their criminal defendant client insists on giving false testimony?

    <p>Attempt to withdraw from the case.</p> Signup and view all the answers

    According to the provided material, in which month was Essay 2 given in 2010?

    <p>July (D)</p> Signup and view all the answers

    According to the provided material, Essay 3 was given in February 2018.

    <p>False (B)</p> Signup and view all the answers

    According to the provided material, in what year was Essay 1 given in July?

    <p>2003</p> Signup and view all the answers

    According to the material, in 2002, Essay 4 was given in the month of ______.

    <p>February</p> Signup and view all the answers

    According to the material provided, what is the fiduciary duty a lawyer owes to their clients?

    <p>Duty of loyalty (A)</p> Signup and view all the answers

    The material provides that a conflict of interest arises when a lawyer represents a client while another conflict of interest exists.

    <p>True (A)</p> Signup and view all the answers

    Based on the material, Essay 6 was given in ______ 2016

    <p>July</p> Signup and view all the answers

    Match the following essays with the month they were given in 2008:

    <p>Essay 1 = July Essay 2 = February</p> Signup and view all the answers

    According to the provided material, which month in 2007 was essay 2 given?

    <p>February (A)</p> Signup and view all the answers

    What must a lawyer ensure when owning a business separate from their law practice?

    <p>It does not create a conflict of interest. (C)</p> Signup and view all the answers

    A lawyer can engage in business transactions with a current client without any restrictions.

    <p>False (B)</p> Signup and view all the answers

    List one of the requirements for a business transaction between a lawyer and a current client.

    <p>Terms must be fair and reasonable to the client.</p> Signup and view all the answers

    A business transaction between a lawyer and client is only permitted if the client is given a reasonable opportunity to consult with __________.

    <p>outside counsel</p> Signup and view all the answers

    Match the following conditions with their descriptions regarding business transactions with clients:

    <p>Fair and reasonable terms = The conditions must benefit the client. Full disclosure in writing = All terms must be clearly stated. Consent in writing = The client must agree formally. Advising to consult outside counsel = Providing the client with independent legal options.</p> Signup and view all the answers

    Which of the following is NOT a requirement for a lawyer's transaction with a current client?

    <p>Terms must benefit the lawyer primarily (C)</p> Signup and view all the answers

    Ordinary fee arrangements are exempt from the restrictions governing client transactions.

    <p>True (A)</p> Signup and view all the answers

    Besides ordinary fee arrangements, name one type of transaction that the rules do not apply to.

    <p>Standard commercial transactions for products/services.</p> Signup and view all the answers

    Under what circumstances may a lawyer disclose confidential client information in California?

    <p>All of the above (D)</p> Signup and view all the answers

    A lawyer is mandated to disclose a client's confidential information if they believe a crime is imminent.

    <p>False (B)</p> Signup and view all the answers

    What must a lawyer do before disclosing confidential information to prevent a crime?

    <p>Make a good faith attempt to counsel the client and inform them about the potential disclosure.</p> Signup and view all the answers

    A lawyer may disclose client information to prevent __________ when the crime could result in death or substantial bodily harm.

    <p>a crime</p> Signup and view all the answers

    Match each reason for disclosing confidential information with the corresponding circumstance:

    <p>a) To prevent death = 1) Circumstance for disclosure b) Client consent = 2) Optional disclosure c) Court order = 3) Mandated disclosure d) Malpractice defense = 4) Legal defense circumstance</p> Signup and view all the answers

    Which of the following is NOT a reason for a lawyer to disclose confidential information?

    <p>To satisfy a personal curiosity (C)</p> Signup and view all the answers

    A lawyer can disclose information if it is necessary to recover legal fees.

    <p>True (A)</p> Signup and view all the answers

    Lawyers in California are allowed to disclose confidential information if they reasonably believe it is necessary to prevent a __________.

    <p>crime</p> Signup and view all the answers

    Study Notes

    Professional Responsibility

    • Formation & Scope of Lawyer-Client Relationship: A lawyer-client relationship is formed when a person seeks legal services from a lawyer, and the lawyer either consents to provide services or knows the person would reasonably rely on them. In California, a lawyer's client is someone who reasonably perceives themselves as a client.
    • Proper Scope of Lawyer-Client Relationship: A client determines the objectives of representation, but a lawyer decides the means to achieve those. A lawyer may limit the scope, if reasonable, with the client's informed consent.
    • Advising or Assisting the Violation of Law: Lawyers cannot counsel clients to commit crimes, fraud, or violations of law (except in California—where it's permitted to advise and assist a client to make a good-faith effort to determine the validity, scope, meaning, application of a law).
    • Duty of Competence: Lawyers must have the necessary knowledge, skills, and preparation to effectively represent clients. They should keep abreast of changes in the law and relevant technology (ABA). In California, a lawyer can only be disciplined if they act with intentional, reckless, or gross negligent conduct. Failure to perform duties with competence can result in discipline, disqualification from a case, and malpractice lawsuits.
    • Duty of Communication: Lawyers must keep clients reasonably informed about significant developments in their representation, including when informed consent is required. They must comply with requests for information (e.g., phone calls), consult with the client on strategy, and inform the client of any actions not permitted by ethical rules. All settlement offers must be conveyed to the client.
    • Duty of Diligence: Lawyers must act with reasonable diligence and promptness in pursuing a case or matter to a reasonable conclusion. In California, a lawyer cannot intentionally, repeatedly, recklessly, or with gross negligence fail to act with reasonable diligence.
    • Duty of Confidentiality: Lawyers must maintain the confidentiality of all information relating to the client's representation. Confidential information can be disclosed if the client consents, required by law, to defend a malpractice action, to prevent death or substantial bodily harm, to prevent client fraud, or to secure legal advice. California also recognizes additional circumstances (e.g., necessary to prevent a crime, potentially resulting in death or serious injury).
    • Duty to Safeguard Property: Lawyers must keep client funds and property separate from their own. All client funds (including advances of fees, costs, and expenses) must be kept in a separate trust account, and returned to a client on demand. Fees must be reasonably calculated. In California, a lawyer is prohibited to withhold a client's case file for the purpose of collecting fees.
    • Conflict of Interest: Lawyers owe a duty of utmost loyalty to their clients and should avoid conflicts of interest. Disclosing conflicts or obtaining informed client consent are mandatory in many situations.
    • Organization as Client: Lawyers representing organizations have a fiduciary duty to act in the best interest of the organization and should disclose identities of adverse constituents.
    • Mandatory Withdrawal: Lawyers must withdraw from representing a client when discharged, under certain physical or mental conditions, when representation violates ethical rules or the law, when the client's actions are unreasonable or without probable cause, or to prevent misconduct.
    • Permissive Withdrawal: Lawyers can withdraw from a representation for good cause, including client criminal or fraudulent behavior, difficulty with the case/client, when the representation is unreasonably difficult, or when representation is too financially burdensome.
    • Duty of Candor to the Court: Lawyers must act honestly and truthfully in their dealings with the court. Making false statements, failing to correct false statements, failing to disclose a material fact, or offering false evidence is unethical.
    • Witness Perjury: Lawyers must take remedial measures if they believe a witness is committing perjury, unless it involves a criminal defendant with constitutional concerns or they reasonably believe the testimony is false.
    • Ex Parte Communications: Lawyers must not communicate with a tribunal (judge, jury, etc.) about a case's merits without all parties present, unless authorized by law.
    • Obstructing or Altering Discoverable Evidence: Lawyers cannot obstruct, alter, or conceal evidence.
    • Improper Influence: Lawyers cannot try to unlawfully influence a judge or jury/prospective juror, or otherwise unlawfully induce a witness to testify or otherwise impede the due process of a legal proceeding.
    • Proper Discovery Requirements/Compliance: A lawyer has a duty to comply with proper discovery requests.
    • Payments to Witnesses: Lawyers cannot offer witnesses excessive payments or induce them to testify untruthfully.
    • Lawyer as Witness: A lawyer should avoid acting as a witness in the case they represent unless an exception applies (a necessary witness to an uncontested issue, or to the nature and value of the lawyer's work, or with the client's informed consent). CA allows a lawyer to act as a witness in specific situations.
    • Communication with a Represented Person: Lawyers must not speak about a represented person's case/matter to the unrepresented person without their attorney's authorization.
    • Trial Publicity: Lawyers cannot make extrajudicial statements that create a significant risk of material prejudice to the case, unless it is to protect the client from substantial prejudice or to aid the public's access to relevant information.
    • Special Rules for Prosecutors: Prosecutors must follow special rules for conducting criminal cases to ensure that they present evidence and accusations fairly. They MUST timely disclose exculpatory or mitigating evidence, advise an accused of their rights, and take appropriate steps where convicted defendants are wrongly convicted.
    • Financial Assistance & Loans to Clients: Lawyers may only advance expenses (or provide loans to a client, in certain situations). They should not make loans or provide financial assistance for other reasons.
    • Payment of Legal Fees by a Third Party: Compensation to a lawyer for a client can be provided by a third-party but must comply with client consent and lawyer independence requirements.
    • Serving on the Board of a Client's Organization: A lawyer who serves on a corporate board must balance the duty to the organization with the duty to their clients ethically, appropriately balancing their interests and exercising sound judgment, due diligence.
    • Aggregate Settlements & Pleas Attorneys must get informed client consent before reaching aggregate settlements or pleas that involve multiple clients
    • Confidentiality Concerning a Lawyer's Services: A lawyer's communication with a client must not include false or misleading information or material omissions to avoid deception, unless otherwise permitted by law.
    • Solicitation of Clients: Solicitations of clients in-person, by telephone, and real-time electronic contact are not permitted, unless certain exceptions apply.
    • Conflicts of Interest: A lawyer's conflicts of interest must be proactively avoided and disclosed appropriately.

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    Description

    This quiz explores the formation and scope of the lawyer-client relationship, including a lawyer's duties and limitations. Understand the ethical obligations of lawyers, including the duty of competence and the restrictions on advising clients about legal violations. Perfect for law students or practitioners looking to refresh their knowledge.

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