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Profe. Resp.
Professional responsibility-law school
| Question | Answer |
|---|---|
| evolution of ethical codes | aba canons of professional ethics model code of professional responsibility model rules of professional conduct |
| what is a profession | requires specialized training (special knowledge/technical language), has internal norms, and owe a special duty to society |
| Rules address 4 problems | prohibited assistance, competence, confidentiality, and conflicts of interest |
| Rule 1.1 | competence: a lawyer shall provide competent representation to a client. Requires legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. (duty to consult or associate) |
| In determining the requisite knowledge and skill in competence, we look at | the relative complexity and specialized nature of the matter, the lawyers general expertise, training and experience in the field, the preparation and study able to give, and whether it can be referred, associated, or consulted about with others |
| legal skills required in all legal problems | analysis of precendent, evaluation of evidence, and legal drafting, as well as determining legal problems |
| Rule 1.3 | Diligence: a lawyer shall act with reasonable diligence and promptness in representing a client |
| a lawyer is prohibited from | breaking the law, misrepresenting facts or information before a tribunal, and is required competence and confidentiality- both in and out of the law office |
| Malpractice | a lawyer owes plaintiff a duty (A/C privity) if lawyer breaches by failing to excercise care and there is a causation of direct or indirect foreseeable harm if it was foreseeable, there is malpractice but not if it is unsettled law or no privity btwn a/c |
| Rule 1.8(h) | limitation of malpractice liability by agreement L shall not make agrmt limiting liabilities to C unless C is independently repped. OR settle claim with unrepped C unless advised to seek legal counsel |
| confidentiality | A/C priviledge professional duty of confidentiality client fraud confidentiality when bodily injury or death may result |
| A/C priviledge | communication. made btwn priviledged persons. in an a/c relationship. for the purporse of legal assistance. |
| communication: | oral, written, or demonstrative communications are protected. |
| made btwn priviledged persons | includes cliets, attys, attnys agents/staff, and any person necessary for client to communicate with atty IN CONFIDENCE. |
| attorney client relationship | relationship exists before priviledge exists |
| for the purpose of obtaining legal assistance | effective legal representation |
| confidentiality in joint C and parties | exceptions to the rule tht disclosure to a 3rd party waives the priviledge. co-client rule: joint retention of lawyer, communications made by any C to L on subject of counsel is not priviledge against use by one joint C or another |
| common interest priviledge | pooled information to coordinate positios without destroying riviledge |
| 5 exceptions to A/C priviledge | lawyer self-protection dispute concerning a decedent's disposition of property client crime or fraud trustees or fiduciary is charged with breach by beneficiary |
| invoking privilege | appeaer, testify, and invoke privilege |
| corporations and A/C privil |
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