CALIFORNIA BAR EXAM: PROFESSIONAL RESPONSIBILITY EXAM REVIEW QUESTIONS AND ANSWERS, RATED A+

CALIFORNIA BAR EXAM: PROFESSIONAL RESPONSIBILITY EXAM REVIEW QUESTIONS AND ANSWERS, RATED A+ What are the 4 major duties a lawyer owes to clients? Clients Love Fierce Counsel (courts feel differently) Confidentiality Loyalty Financial Responsibility Competence What are the 3 major duties a lawyer owes to entities other than clients (clients love fierce counsel) Courts Feel Differently -- owed to Court, adversaries (parties and counsel), the legal profession, third parties, and the public: Candor Fairness Dignity What is the general rule of the duty of confidentiality to your client? Rule: Don't reveal anything "related to the representation" of a client OR use the information against her without consent. Use reasonable security, including electronic security, to prevent access to or disclosure of client confidences. Can the duty of confidentiality attach before a lawyer-client relationship forms? YES; (if no employment results, the party who wants to disqualify a lawyer will bear the burden of proving confidences were actually imparted) Once it attaches, how long does L's duty of confidentiality to his client last? Even after the representation ends through the client's lifetime. When does the ACP terminate? ABA: never; CA: when the client's estate is settled and her personal representative is discharged. Distinguish duty of confidentiality from attorney- client privilege The duty of confidentiality is broader than the attorney-client privilege. The duty of confidentiality applies regardless of he source of the information, to anything not generally known, and to disclosures beyond the representation that could reasonably lead to information about the representation. What are the three major exceptions to the duty of confidentiality? 1. Consent (e.g., you have implied consent to reveal what's necessary to render your legal services--e.g., disclosure to USPTO) 2. Defending yourself (client sues for malpractice, brings disciplinary action against you, refuses to pay you, or you seek an ethics opinion: these are "SOS" exceptions) 3. If compelled by court order, law, or ethical duty (e.g., can disclose minimal, non-privileged info for a conflicts check) A lawyer's duty to uphold the law allows revelations of confidential information to prevent (note CA distinctions): 1. May reveal what you reasonably believe is necessary to prevent reasonably certain death or substantial bodily harm. (*CA restricts to criminal acts.) -Must, if reasonable in the circumstances, make a good-faith effort to persuade your client not to commit act. and *CA: inform the client of your decision to reveal his confidences. 2. Fraud or crimes causing financial injury: --ABA: May reveal if client used/is using your services to commit crime and the disclosure would prevent or mitigate substantial financial loss --CA: NO FINANCIAL EXCEPTIONS Define a lawyer's duty of loyalty to clients (conflicts of interest): most tested subject Rule: Lawyer has a duty of loyalty to client. If the interest of another client, the lawyer, or third party materially limits or is adverse to the representation, L has a conflict of interest Flag and discuss both potential and actual conflicts What's the lead-in sentence (rule) for the duty of loyalty. "A lawyer owes his client a duty of loyalty and must a