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 sig...
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller CertifiedGrades. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.79. You're not tied to anything after your purchase.
