Professional Responsibility: Legal Ethics

Under Model Rule 1.1, what four elements are required for a lawyer to provide competent representation?

Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

What duty requires a lawyer to act with reasonable promptness and dedication to a client's interests, despite opposition or personal inconvenience?

The duty of diligence (Model Rule 1.3) requires a lawyer to act with reasonable diligence and promptness in representing a client.

Under Model Rule 1.4, when must a lawyer obtain a client's informed consent?

A lawyer must promptly inform the client of any decision or circumstance that requires the client's informed consent under the Model Rules, such as settling a matter or waiving a conflict.

What is the difference between the attorney-client privilege and the ethical duty of confidentiality?

Attorney-client privilege is an evidentiary rule protecting communications between lawyer and client, while the ethical duty of confidentiality (MR 1.6) applies to all information relating to the representation, regardless of the source.

Under Model Rule 1.6, when is a lawyer permitted (but not required) to reveal confidential information to prevent financial injury?

A lawyer may reveal information to prevent, mitigate, or rectify substantial injury to the financial interests of another that is reasonably certain to result from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services.

Under Model Rule 1.7, what two conditions create a concurrent conflict of interest?

A concurrent conflict exists if the representation of one client will be directly adverse to another client, or there is a significant risk that the representation will be materially limited by the lawyer's responsibilities to another client, a former client, a third person, or the lawyer's personal interests.

What four requirements must be met for a lawyer to represent a client despite a concurrent conflict of interest under Model Rule 1.7(b)?

(1) The lawyer reasonably believes they can provide competent/diligent representation to each; (2) it is not prohibited by law; (3) it does not involve asserting a claim by one client against another in the same litigation; and (4) each affected client gives informed consent, confirmed in writing.

Under Model Rule 1.9, when is a lawyer prohibited from representing a new client against a former client?

A lawyer cannot represent a new client against a former client in the same or a substantially related matter if the new client's interests are materially adverse to the former client, unless the former client gives informed consent, confirmed in writing.

How does the rule of imputation (Model Rule 1.10) apply to conflicts of interest within a law firm?

While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless the prohibition is based on a personal interest that does not materially limit the representation.

What is the overarching requirement for all attorney fees and expenses under Model Rule 1.5?

A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.