Ca Bar Exam Professional Responsibility

Ca Bar Exam Professional Responsibility Duty of Loyalty ️️A lawyer has a duty of loyalty to his client that requires that the attorney put the interest of his client above all other interest and avoid any conflicts of interest A current conflict of interest arises if: ️️There is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client, or a third person or by a personal interest of the lawyer Exception to conflict of interest (ABA) ️️A lawyer may still represent a client if: 1. The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation and 2. The representation is not prohibited by law and 3. The clients are not asserting a claim against eachother and 4. Each client gives "informed written consent" Exceptions to conflict of interest (CA) ️️1. Attorney obtains "informed consent confirmed in writing" 2. When attorney's conflict arises from a personal relationship with a party or witness in the same matters, there must be written disclosure to the client Insurance (CA Rule) ️️Lawyers are permitted to represent both insurers and insureds whereby the insurer has the contractual right to unilaterally select counsel for the insured Corporate / Organizational Client ️️The attorney has a duty to act in the best interest of the corporation If a lawyers knows that an officer, employee, or other person associated with the company has engaged in action that is likely to cause substantial injury to the company... ️️the lawyer shall report up and refer the matter to a higher authority unless the lawyer reasonably believes that it is not in the best interest of the org to do so Failure to Act by Higher Authority Rules ️️ABA: The lawyer may report out and disclose information if such disclosure is necessary to prevent injury CA: The lawyer may not report out. Rather, the lawyer should urge reconsideration or resign from representation. There is a slight exception for death/substantial bodily harm Former Government Employee: ️️A lawyer who has formerly served as a government employee shall not represent a client in connection with a matter in which the lawyer participated personally and substantially unless the gov't agency provides "informed written consent" A conflict for one attorney in a firm is imputed to all other attorneys in the firm unless: ️️1. The conflict is based on a personal interest of the disqualified lawyer and there is not a significant risk of materially limiting the representation 2. If the conflict is based on a former client at a private firm, the lawyer must be timely screened from the matter and the client must be provided with written notice 3. A client can waive any imputed disqualifications through informed written consent A lawyer shall not accept compensation from third parties to represent a client unless ️️(i) The client gives informed (CA: Written) consent, (ii) there is no interference with the attorney's independence, and (iii) information relating to the representation remains confidential When lawyers are related by blood or marriage and representing clients in the same or substantially related matters... ️️They must obtain information consent. (CA extends to cohabitation/close intimate lawyers) The lawyer may still represent the client despite any conflict with personal beliefs if the client obtains ️️Written informed consent A lawyer shall not enter into a business relationship with a client or knowingly acquire an interest adverse to a client unless ️️(i) terms are fair and reasonable to the client (ii) Terms are fully disclosed in writing (iii) Client is advised in writing to obtain independent counsel (iv) Client gives information written consent to the essential terms Client Gift Rules: ️️ABA: A lawyer shall not solicit any substantial gift from a client or prepare any instrument that gives the lawyer a gift unless they are related to the cl