What are the main sources of ethical regulation for lawyers?
ABA Model Rules of Professional Conduct and notable California distinctions
When is a lawyer subject to discipline?
When violating the RPC or assisting another in doing so, committing a criminal act reflecting adversely on honesty, stating or implying improper influence, dishonesty, fraud, deceit, misrepresentation, conduct prejudicial to justice, assisting a judge in misconduct, or discriminatory acts
How is a lawyer-client relationship created?
Through express agreement, implied agreement based on reasonable reliance, or appointment by a tribunal
What must a lawyer communicate regarding fees?
The basis or rate of the fee and any expenses the client will be responsible for
What is required for a contingent fee agreement in California?
It must be in writing, signed by the client, and include specific disclosures
List the situations where contingent fees are prohibited.
- Criminal cases
- Domestic relations matters (unless collecting past-due balances)
What must happen to unearned fees if a lawyer is fired?
The unearned portion must be refunded
What is the duty of confidentiality?
It applies to any disclosure of information relating to representation and continues after the relationship has terminated and after the client’s death
When does attorney-client privilege apply?
It applies to testimony regarding confidential communications and survives termination of the relationship and client’s death
What must lawyers do to protect client funds?
Keep client funds in a separate trust account, notify clients upon receipt of their funds, maintain records, and deliver funds on request
What is the lawyer’s duty regarding conflicts of interest?
Avoid conflicts of interest and maintain loyalty to clients
When can a lawyer represent clients with conflicting interests?
If the lawyer reasonably believes competent representation can be provided, representation is not prohibited by law, no claim by one client against another, and informed consent is obtained
What must a lawyer do if they consult with a prospective client?
They must not represent someone adverse to the prospective client in the same or substantially related matter without informed consent
What is required for a lawyer to withdraw from representing a client?
Mandatory withdrawal occurs if continued employment violates the RPC, if the lawyer’s condition impairs ability, or if the client discharges the lawyer
What constitutes competent representation?
Requires legal knowledge, skill, and diligent action in the client’s interests
What must lawyers do regarding communication with clients?
Tell clients about significant developments and comply with reasonable requests for information
What is the lawyer’s duty as an advocate regarding the court’s time?
Not to file frivolous claims and make reasonable efforts to expedite litigation
True or False: A lawyer may make extrajudicial statements that could prejudice a proceeding.
False
What must a lawyer do if they are likely to be a necessary witness in a matter?
They may not represent the client unless certain conditions are met
What are public prosecutors required to avoid?
Bringing charges not supported by probable cause
What is prohibited when communicating with a represented person?
Communicating without the consent of that person’s counsel or authorization by law
Fill in the blank: A lawyer must not communicate with a person known to be __________ by counsel without consent.
represented
What is the rule regarding communication with a represented person?
Must not communicate unless counsel consents or authorized by law.
Can a lawyer communicate with an unrepresented person?
Yes, but must not act as if disinterested and cannot give legal advice if interests conflict.
